JUDGMENT

Che Mohd Ruzima Ghazali JCA:

Introduction

[1] This is an appeal by Lim Chon Jet @ Lim Chon Jat and 45 others (appellants/plaintiffs), who are appealing against the whole decision of the Learned High Court Judge (LHCJ) delivered on 14 February 2019. In his decision, the LHCJ dismissed with cost the appellants'/plaintiffs' action seeking to enforce the statutory guarantee/indemnity against Wee Ai Hua and Wee Kok Hui (respondents/defendants).

[2] For ease of reference, parties in this appeal will be referred to as in the trial Court, the plaintiffs and the defendants.

Brief Background Facts

[3] In 2002, a developer company, Yusen Jaya Sdn Bhd (Yusen Jaya) applied to the Controller of Housing (COH) for amongst others, a licence to develop a housing project called Taman Bukit Saujana Springfields Homes located at Jalan Bantayan, Off Jalan Tuaran Mile 31/2, Kota Kinabalu, Sabah (the Housing Project).

[4] Yusen Jaya was required under the provisions of the Housing Development (Control and Development) Enactment 1978 (the 1978 Enactment) and the Housing Development (Control of Licensing of Developers) Rules 1980 (the 1980 Rules) to furnish several documents and standard forms in support