Wong Kian Kheong J:

A. Background

[1] In this judgment, I will refer to parties as they were in the Sessions Court (SC).

[2] The fourth defendant company (4th defendant) is a developer of "Tropicana Golf and Country Resort" (Gated Community), a mixed development project which provides for residence, golf facilities and recreation.

[3] By way of a Sale and Purchase Agreement (SPA) dated 23 May 2007, the first and second plaintiffs ("1st plaintiff" and "2nd plaintiff") had jointly purchased from the 4th defendant a double-storey terrace house in the Gated Community with the postal address of no 15, Jalan TR 2/4, Tropicana Golf and Country Resort, 47410 Petaling Jaya, Selangor Darul Ehsan (Plaintiffs' Property).

[4] The 4th defendant had sent a letter dated 12 October 2007 to the plaintiffs [4th defendant's Letter (12 October 2007)] which requested the plaintiffs to enter into a Deed of Mutual Covenants (DMC) with the 4th defendant in respect of the plaintiffs' Property and Gated Community. Consequently, the plaintiffs and 4th defendant executed a DMC on 26 May 2008.

[5] The plaintiffs' Property share a common party wall (Common Party Wall) with a double-storey terrace house in the