(delivering the Judgment of the Court): The two appeals, FCCA 79/84 and FCCA 90/84 were heard together. The appellants in FCCA 79/84 being defendants Nos. 2, 3 & 4 and the appellant in FCCA 90/84 defendant No. 1 in the court below.

It would be convenient to refer to appellant in FCCA 90/84 as 1st appellant and to those in FCCA 79/84 as 2nd, 3rd & 4th appellants respectively. The following are the facts as found by the learned trial Judge, and are not disputed in this appeal. 1st appellant is the owner of a multi-storey complex, the Merlin Tower Johor (herein after referred to as "the complex"). On April 1, 1977 it entered into an agreement with the plaintiffs (Pages 17 to 30 of the Records in FCCA 79/84) by which it sold to them a parcel in the complex, No, 212 on the second floor.

On or about July 1980, it sold the complex to the 2nd appellant. 3rd appellant then became the owner of the podium block and the office units. 4th appellant later acquired the hotel lobby and the car parks. Apart from the transaction between the respondents and 1 st appellant it is not clear precisely when 2nd, 3rd and 4th appellants made their respective acquisitions.

Under Clause 8.04