JUDGMENT

Aziah Ali FCJ:

Introduction

[1] This is an appeal by the appellants against the decision of the Court of Appeal dated 22 August 2013 which had allowed the respondent's appeal against the decision of the High Court dated 31 October 2012 which allowed the appellants' claim and dismissed the respondent's counterclaim.

Questions Of Law

[2] On 26 March 2015, leave to appeal was granted by this court on the following questions of law:

(a) Whether limitation applies to a case where the contract becomes void and/or unenforceable for failure of a condition precedent?

(b) Whether judgment could be entered in favour of the defaulting party where the contract was void and/or unenforceable for failure of a condition precedent?

Background Facts

[3] The 1st, 2nd, 3rd and 4th appellants together with one Mohtar bin Abdullah jointly owned a piece of land known as PM No 256, Lot No 13648, Kg Sg Kayu Ara, Mukim of Sungai Buluh, District of Petaling, State of Selangor Darul Ehsan ('the land'). The land is subject to an express restriction in interest as follows: