Arifin Zakaria JCA:

[1] The subject matter of the dispute in this case is a piece of land measuring 997 acres bearing title deed CL 085311075, situated at Sungai Ruku-Ruku, Labuk/Sugut, Sabah (the subject land). The learned Judge had meticulously set out the relevant facts in his Judgment which for convenience are reproduced below:

One set of chronology of events which are not in dispute are as follows:

(a) On 1 February 1989 the 2nd and 3rd Defendants entered into a Sale and Purchase Agreement with the 2nd Plaintiff in respect of the subject land with a consideration of RM100,000.00;

(b) On 1 February 1989 the 2nd and 3rd Defendants also executed a Power of Attorney thereby appointing the 2nd Plaintiff as their attorney;

(c) A supplementary Agreement was also entered into between the 2nd and 3rd Defendants and the 2nd Plaintiff on 6 March 1989;

(d) Pursuant to his appointment as the attorney for the 2nd and 3rd Defendants, the 2nd Plaintiff signed the draft title of the subject land on 14 August 1989;

(e) On 15 January 1993 the 2nd Plaintiff sold the subject land to the 1st Plaintiffs Vide a Sale and Purchase Agreement on even date at the price of RM185,630.00;

(f) And on the same