JUDGMENT

Salleh Abas LP:

This appeal originated from the decision of Magistrate, Kuala Lumpur, which Harun J reversed. He then gave leave to appeal to us. Neither the Magistrate who has since left the service nor the Judge has given any grounds for their decisions.

The facts are straight forward. The appellant company are a housing developer. On 10 May 1977 they signed a sale and purchase agreement with one Yeo Tiang Chin who purchased a unit of double-storey link house, then under construction. Clause 6 of the agreement stipulates that the appellant company must complete the house and deliver vacant possession not later than 18 months thereafter, i.e. on or about 9 November 1978, and under Clause 22 no assignment is permitted without the consent of the appellant company.

On 29 November 1978 Yeo Tiang Chin executed a deed of assignment transferring all his "rights title interest and liabilities" under the sale and purchase agreement to the respondents for a consideration of RM12,200. The assignment was consented to by the appellant company. At the time of the execution of the deed the house was still under construction and it was not until on or about 30 April 1980 that it was comp