JUDGMENT

Nik Hashim J:

The Application

The parties have agreed to resolve the issue of limitation that arises in this action by making an application under O. 14A of the Rules of the High Court 1980seeking for the determination of this court on point of law whether the plaintiff's action is time-barred under the Limitation Act 1953 ('the Act'); and the parties have also agreed that in the event the plaintiff's action is time-barred, the plaintiff's action will be dismissed with costs, and if it is not, then judgment will be entered for the plaintiff as prayed.

On 17 December 1986 the plaintiff (the purchaser) and the 1st defendant (the vendor), Kesang Trading Sdn Bhd together with Kesang Housing Sdn Bhd (the proprietor) entered into a sale and purchase agreement in respect of a property held under Geran No. 8414, No. Lot 213, Pekan Jertih, Daerah Besut, Terengganu together with a double storey shop house thereon (the property) for a price of RM220,000. At all material times, the plaintiff had carried out its contractual obligation by making payments totalling RM198,000 as at 4 December 1986 in accordance with the terms of the agreement. On 19 June 1988, without the knowledge of the