HIGH COURT MALAYA KUALA LUMPUR
WTWT SDN BHD – Appellant
Versus
CHEW MEU JONG & ORS & ANOTHER APPEALS – Respondent
[22] In Graze Shipping Inc & Anor v. CF Sharp & Co (Malaya) Pte Ltd, [1982] 1 MLJ 53 , Lord Goff of Chiveley in delivering the judgment of the Privy Council, speaking on the same subject held that it is of crucial importance for judges to have regard to the contemporary documents and to the overall probabilities when facing the task of assessing the evidence of witnesses (see also Tay Bok Choon v. Tahansan Sdn Bhd; [1987] 1 MLJ 433; [1987] CLJ 24; Eastern & Oriental Hotel (1951) Sdn Bhd v. Ellarious George Fernandez & Anor; [1989] 1 MLJ 35; Tan Sooi Shin v. Kow Kek Hing; [1991] 3 MLJ 390; [1991] 3 CLJ 1985 and Kumagai Gumi Co Ltd v. Zenecon-Kumagi Sdn Bhd & Ors and another application; [1994] 2 MLJ 789)."
[19] The authorities stated in the above give a reminder to the courts that where it involves evidential point, documentary evidence has the higher value than oral evidence. The test of veracity comes in when oral evidence is caught with contemporaneous documents. What the witness say as to the documents will be irrelevant to the construction of the meaning.
[20] Returning to the present matter, this Court finds that in the main suits ie the oppression Originating Summonses, what th
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