Azmel Maamor JCA:

[1] The appellant/plaintiffs, each of whom were the purchasers of 45 double-storey terrace houses from the respondent/defendant brought action against the defendant claiming that the houses they purchased were not built according to specifications, the quality of the materials used was poor and the workmanship was of a low standard. The learned High Court Judge dismissed their claim. On appeal to this court we unanimously allowed their appeal, we now state our grounds.

Facts Of The Case

[2] The plaintiffs purchased from the defendant double storey terrace houses in Taman Nirwana Fasa 2, Ampang, Selangor. Vacant possession of those houses were delivered to the plaintiffs sometime in early 1987. Subsequent to the delivery the plaintiffs complained against the defendant that their houses were not built according to specifications, the quality of materials used was poor and the workmanship was of a low standard. In support of their contention, the plaintiffs engaged an engineer, (PW1) who prepared a report detailing the defects found by him on those 45 houses. PW1 also produced photographs showing the nature of those defects. In his evidence PW1 stated the co