Gopal Sri Ram JCA:

This appeal was originally argued before a differently constituted Bench comprising PS Gill, Rahmah Hussein JJCA and me. Since the argument could not be completed, the appeal was adjourned to a date to be fixed. In the interim, due to supervening events the Bench that originally heard the appeal could no longer complete the hearing. Accordingly, a hearing de novo was ordered. It is pursuant to the order that the appeal has now come to be heard before us.

The facts of this case are uncomplicated. In their narration I shall, for convenience, refer to the parties according to their titles in the court below. The plaintiffs are two private limited companies. The evidence in the court below was that they are under the control of a man by the name of Mohamed Aly Rangoonwala, (";Rangoonwala";) a British subject of Pakistani origin. I am not entirely sure how this element of control is relevant to the issues at hand. Rangoonwala was a close friend and business associate of one Raja Dato' Haji Zainal Abidin (";Raja Zainal";), now deceased. He wanted to go into business with Raja Zainal. This is the way in which they went about it.

A joint venture agreement dated