Abdul Malek Ahmad J:

This is an appeal by the claimant against the decision of the learned Senior Assistant Registrar on 14 May 1988 dismissing their claim for the property attached by the plaintiff in execution of judgment obtained in default of appearance against the defendant on 14 January 1987 for RM429,202.76 sen with interest and costs. The property had been attached at No. 76, Jalan Sultan Iskandar, Ipoh (the premises) on 27 January 1988 which at the time of the attachment was occupied by the claimant but which at the time of the judgment was occupied by the defendant.

It is pertinent to note that this was in fact the second attachment on the premises, the first being on 21 August 1987 but this was abandoned after discussions between the parties. It is also relevant to take into account that the claimant had in fact been incorporated on 14 April 1987 with a RM50,000 issued and paid up capital and RM300,000 authorised share capital.

According to the managing director of the claimant (who had worked for the defendant for 16 years before it was wound up on 16 April 1987) in his affidavit dated 29 January 1988 (encl. 11), by a sale agreement dated 13 April 1987 (LW3) he