[1] There are two appeals before us filed against the decision of the learned High Court Judge sitting at Kota Kinabalu on 21 March 2012 in dismissing the appellants' notice of appeals to the judge in chambers vide encl 87 and 92 against the decision of the Deputy Registrar. The Deputy Registrar had on 16 March 2003, dismissed the appellants' summons in chambers to strike out the respondents' writ of summons and statement of claim ("striking out application").

[2] Before the High Court, the appellants in the two appeals were the 1st defendant, 2nd and 3rd defendants whilst the respondents were the plaintiffs. In this judgment, we will refer to the parties as they were in the High Court.

[3] The two appeals filed by the defendants can be briefly stated as thus:

i. Appeal No S-03(IM)-65-04-2012 was filed by the 1st defendant at the Court below against the decision of the learned High Court judge in dismissing the 1st defendant's appeal against the decision of the lea