Siti Norma Yaakob JCA:

Summary proceedings under O. 14 of the Rules of the High Court 1980 ("the Rules") were successfully pursued by the plaintiff in the court below and judgment in the nature of two forms of injunction (one mandatory and the other prohibitive) as well as reliefs for damages to be assessed and costs to be taxed were ordered against the defendant. It was to appeal against these orders that the defendant are now cited as the appellant in this appeal before us.

The factual background of this appeal is in no way disputed. The respondent are housing developers and between 1989 to 1993, they were developing their property, Lots 1997 to Lots 2021, Bandar Perai, Seberang Perai Tengah, Penang, held under Qualified Titles No. H.S.(D) 1307 to H.S(D) 1331, with the construction of a block of three-storey commercial building known as Taman Inderawasih, Phase 3 C1, consisting of 41 units of shop and office space and had sold subdivided parcels in the said building to various purchasers. Pending the issuance of strata titles to the said purchasers, the responde