Hashim Hamzah JCA:

Introduction

[1] This is an appeal by the Appellant against the High Court 's decision dated 15 July 2021 that entered judgment in favour of the Respondents premised primarily on unjust enrichment.

Background Facts

[2] Briefly, the background facts leading to this appeal are as follows.

[3] The 1st to the 5th Respondents were the operators of express bus companies, which were subsidiaries of the 6th Respondent. The Appellant was the owner of the buses and had entered into a series of lease and maintenance agreements with the 1st to the 5th Respondents, respectively, with respect to the use and maintenance of those buses.

[4] The 7th Respondent was the owner of a piece of land held under H.S. (D) 87546, PT No. 7929, Bandar Ampang, Daerah Hulu Langat, Negeri Selangor (hereinafter referred to as "the said Land").

[5] The 1st to the 5th Respondents had defaulted in their monthly payments under the lease and maintenance agreements, incurring a debt totalling RM32,920,575.06. As a result, the Appellant terminated the lease and maintenance agreements on 21 April 2016 and repossessed its 49 buses from the Respondents.

[6] After a series of negotiations, on 4 July 2016,