Chong Siew Fai CJ (Sabah & Sarawak):

This appeal concerns only one question respecting which leave to appeal to this court was granted on 12 November 1996. The question is: Whether a justice of the peace in Sabah is competent to attest an affidavit in bankruptcy petition having regard to s. 128(a) of the Bankruptcy Act 1967 and the related legislations. In the instant case under appeal, the affidavit is one verifying a bankruptcy petition.

Two other appeals are on the same issue ie, Appeal No. 02-18-1996(S) (between Goh Bun Kwee and Malayan Banking Berhad), and Appeal No. 02- 19-1996(S) (between Yee Pak Kui and Malayan Banking Berhad). It has been agreed by all parties through their counsel that the decision in this appeal shall be binding upon those two appeals.

Background Facts

Narration of the facts in this appeal would have to start with the respondent's/ petitioning creditor's bankruptcy petition because, save for the verifying affidavit made on 2 November 1993, the appeal record does not include any document made or filed earlier than the date of the said petition. On 4 November 1993 the petitioning creditor presented a bankruptcy petition against the judgment-debt