Abdul Hamid Mohamad FCJ (dissenting):

[1] In this judgment, "applicants" refer to the applicants in notice of motion, encl 74(a) in 08-32-1996(W) and applicants in notice of motion, encl 61(a) in 08-34-1996(W).

[2] As this court is only concerned with the issue of jurisdiction to set aside its own order, it is sufficient merely to set out the chronology of events leading to these applications.

[3] In 1986, three suits were instituted in the High court. On 6 February 1995, after a full trial, the High court made various orders. The applicants appealed to the court of Appeal. Their appeals were dismissed on 21 May 1996. The coram of the court of Appeal then was Gopal Sri Ram JCA, Ahmad Fairuz bin Dato' Sheikh Abdul Halim JCA (as he then was) and Abdul Malek bin Haji Ahmad JCA.

[4] The applicants then applied to this court for leave to appeal against the dismissal of those appeals. The applications were heard by Steve Shim (CJ Sabah and Borneo), Siti Norma Yaakob and Mohtar Abdullah FCJJ. On 12 April 2001, this court, dismissed the application for leave to appeal to this court. The court gave a written judgment reported under the name of Allied Capital Sdn Bhd v. Mohamed Latiff Sh