JUDGMENT

Hamid Sultan Abu Backer JCA:

[1] There are two appeals before us. One is by the 1st defendant in the High Court (Appeal No 431) and the other by the plaintiff (Appeal No 499).

[2] The appeals relate to the construction agreement and/or contract. The focus of the dispute essentially was whether there was an enforceable contract and whether the plaintiff is entitled to compensation for breach of contract. The quantum involved related to the project was in billions.

Preliminary Jurisprudence To Appreciate The Issues In This Case

[3] It is now well established that the Contracts Act 1950 ( CA 1950) only recognises an enforceable contract to provide the reliefs as to compensation, damages, etc under various provisions of the Act. Specific performance and other reliefs can be obtained under the Specific Relief Act 1950. In case of agreements, some reliefs are mentioned in the in the 1950. However, if elements of uncertainty, duress or those which lack consensus ad idem exist, the contract will not be recognised at all by the courts. [See Janabs Key To Law Practice and Legal Remedies, 2nd edn pp 1 to 18].

[4] Under the common law, the courts at times will struggle to give effect