Introduction

[1] The appellant's appeal arises from the Sessions Court's dismissal of its application to determine three legal questions under O 33 rr 2 and 5 of the Rules of Court 2012. Following the filing of the appeal, the respondents raised preliminary objections, asserting that the appeal was incompetent and non-appealable under s 28(1)(a) and (c) of the Courts of Judicature Act 1964 (CJA). The appellant, however, argued that the case involves legal questions, falling within the exception of s 28(1)(a). After reviewing the preliminary objections, I concluded that the substantial appeal indeed raises questions of law and therefore qualifies as an exception under s 28(1)(a) of the CJA, making the appeal valid and competent. I dismissed the preliminary objections with costs in the cause and allowed the appeal to proceed on its merits.

Background Facts

[2] Meru Valley Resort Berhad (appellant), a housing developer, filed a claim against respondents the bungalow owners, over unpaid maintenance and security charges for services provided within the appellant's resort. Under the Sale and Purchase Agreement, the respondents were contractually obligated to contribute to