Abdul Malik Ishak JCA

[1]I shall refer the parties like what they were referred to in the High Court. Thus, MMI Industries Sdn Bhd (224071-U) shall be referred to as the plaintiff while Let Sin Industries Sdn Bhd (58773-H) shall be referred to as the defendant.

THE HIGH COURT ACTION

[2]The plaintiff filed an action in the High Court for specific performance of the sale and purchase agreement ('SPA') dated 8 February 2006 in respect of a piece of industrial land identified as HS(D) 181259 PTD 2571 Mukim of Pulai, District of Johor Bahru measuring approximately 1.214 hectares and having the postal address of Lot 2571, No 4, Block A, B, C & D, Jalan Semangka, Kampong Sri Jaya, 81200 Johor Bahru ('the said land') and other ancillary orders.

[3]The prayers sought by the plaintiff in its statement of claim as reflected at pp 65–67 of the appeal record (Jilid 1) ('ARJ1') were worded in this way:

30.AND the Plaintiff claims:

30.1Specific performance of the SPA with an abatement of the balance purchase price in respect of the sum of RM1,591,000.00 paid by the Plaintiff to the Defendant as rent for the period of February 2006 until September 2007 and as deposit under the SPA;

30.2Further or alterna