Mohd Sofian Abd Razak JCA:

[1] There are two separate appeals before this court emanating from the decision of the High court dated 22 March 2019, namely:

(a) In Civil Appeal No: W-03(IM)(NCVC)-30-04-2019, the appellant is the 1st defendant in the High court and the respondent is the plaintiff. The appellant is appealing against the whole of the decision of the learned Judicial Commissioner setting aside the decision of the learned Deputy Registrar and awarding damages, interest and cost to the respondent; and

(b) In Civil Appeal No: W-03(IM)(NCVC)-32-04-2019, the appellant is the plaintiff and the respondent is the 1st defendant. The appellant is appealing against part of the decision the learned Judicial Commissioner disallowing the appellants claim for diminution of the value of the land in the amount of RM9,190,560.00.

[2] For ease of reference, parties will be referred to as they were in the proceedings before the High court.

[3] Having considered the appeal records and the submissions of the parties in these appeals, it is our unanimous decision that both appeals be dismissed with cost to be borne by each party.

Background Facts

[4] On 3 June 2011, both the plaintiff and the