Abdul Hamid Mohamad J:

There were nine connected civil suits in the Sessions Court ie, Summons No: 53-25-92 to 53-33-92. The plaintiff in each case was different, but the defendants were the same.

All the nine cases were consolidated and tried together. The learned Sessions Court judge gave judgment for each of the plaintiffs against both the defendants, the liability between the two defendants being apportioned equally. Both the defendants appealed separately. The first defendant's (Sri Inai (Pulau Pinang) Sdn. Bhd. which will be referred to as "Sri Inai") appeal was registered as Civil Appeal No: 12-46-95. The second defendant's (Majlis Perbandaran Pulau Pinang which will be referred to as "MPPP") was registered as Civil Appeal No: 12-51-95.

Findings Of Facts Of The Learned Sessions Court Judge

I will now summarise the findings of facts of the learned Sessions Court judge.

(a) MPPP is a local authority under the Local Government Act 1976. It was also the owner of the premises known as No. 1, Jalan Park, Pulau Pinang ("the said premises").

(b) Sri Inai is a company which runs a private school of the same name.

(c) MPPP rented the said premises to Sri Inai to be used