Abdul Malik Ishak J:

Enclosure one (1)

This was a summons in chambers filed by the plaintiffs for the following prayers:

1. A declaration that the Defendant has breached the terms of the Sale and Purchase Agreement dated 15.3.96 and that the 1st Plaintiff has rightfully terminated/rescinded the said Sale and Purchase Agreement viaa letter dated 13.2.2001 or whichsoever date the Honourable Court finds just and fair or in the alternative declaration that the Sale and Purchase Agreement is hereby rescinded due to the breach of contract by the Defendant;

2. The Defendant is to refund the entire monies paid pursuant to (the) Sale and Purchase Agreement amounting to RM816,696.00 that was paid by the Plaintiffs;

3. The Defendant to pay special damages amounting to RM109,615.18 (the full details of which are contained in the supporting Affidavit), or in the alternative special damages to be assessed by the Honourable Court;

4. The Defendant to pay general damages that is to be assessed by this Honourable Court;

5. The Defendant to pay interest at the rate of 8% per annum on the sum in para (2) above from 10.9.98 (date of breach) till full settlement;

6. The Defendant to pay intere