Preliminaries

[1] For convenience, we heard Civil Appeal No: J-01(IM)(NCVC)-512-12-2014 and Civil Appeal No: J-02-(IM)(NCVC)-2187-12-2014 together as they were related, the parties thereto were the same and they involved a common core of facts. We propose to give reasons for our decisions with respect to both appeals in this judgment. Before proceeding further, we may mention that in the court below, the appellant herein, namely Kelana Megah Development Sdn Bhd commenced an action against both respondents by way of a writ of summons and statement of claim. Both respondents subsequently filed two separate applications pursuant to O 18 r 19(a), (b) and (c) of the Rules of 2012 to strike out the appellant's writ of summons and statement of claim. The High court allowed both applications. The appeals before this court have been brought by the appellant in the light of the High court's decision in allowing the respondents' applications. We shall refer to the respondent in Appeal No: 512 as "the 1st respondent" while the respondent in Appeal No: 2187 as "the 2nd respondent" and collectively we shall refer to them as "the respondents".

The Facts

[2] The appellant was previou