JUDGMENT

Abdul Wahab Patail JCA:

(1) This is an appeal by the appellant WTK Holdings Bhd (hereinafter referred to as "the defendant") who is dissatisfied with the decision of the High Court made on 10 September 2009 wherein the claim by Foo Sae Heng @ Foo Sea Hing and Yeo Tat Chew, the respondents herein (hereinafter referred to as "the plaintiffs") was allowed in respect of:

(a) specific performance of an agreement dated 30 August 1994;

(b) balance of RM420,000 with interest thereon; and

(c) costs to be taxed.

(2) We had allowed the appeal with costs and set aside the judgment of the High Court. We set out our reasons below.

(3) We appreciate the decision of the appellant to proceed only with the 5th ground in their 6-ground memorandum of appeal. The written submission for the defendant in this appeal is very similar to the submission submitted in the High Court. The written submission for the plaintiff is a shortened version. Notwithstanding their well written submissions, counsel for the parties proceeded to take over an hour to submit orally on the single issue in the 5th ground that the learned judge erred in holding that the plaintiffs claim was not time barred under