Introduction

[1] In this judgment, the parties are referred to as they were before the trial court. This appeal was filed by the 6th defendant against the decision of the Sessions court after a full trial. The Sessions court had found the 6th defendant jointly and severally liable with the other defendants in respect of the plaintiffs claim for the sum of RM115,750.00. This amount represented half of the sum which had been wrongfully transferred from the plaintiff's account to the 3rd defendant's account.

[2] The key issue in this appeal was whether a partner could be held liable for wrongful acts committed not by his co-partners but by other persons who were not