(delivering the judgment of the Court): In the action of the court below the plaintiffs who claimed to be the legally appointed President and Committee Members of the Kuantan Kheng Chew Wooi Kuan Society (hereinafter referred to as the "Society") sought to obtain a declaration that (a) the resolution made by defendants purporting at the Special General Meeting to appoint themselves President and Committee Members of the Society was null and void and (b) an injunction to restrain defendants in such capacity from enforcing the said resolutions or interfering with plaintiffs in their use or enjoyment of the offices of the Society.

Defendants had earlier obtained an ex parte interim injunction to restrain the plaintiffs from acting as the office bearers of the Society.

The parties eventually agreed that since major issues of fact were not in dispute and that only questions of law were involved such questions could be decided in accordance with Order 25 rule 2 of the Rules of the Supreme Court, that no evidence would be called. Written submissions were subsequently filed.

The "Preliminary Issue" reads as follows:

"Whether the Special General Meeting of the 'Kuantan Kheng