JUDGMENT OF THE COURT

Introduction

These are two related appeals fixed for hearing before us. The first, is the Civil Appeal No. 02-13-2007 (S) which the parties have referred to as "Zara Appeal". The second, is the Civil Appeal No. 02-14-2007 (S) which has been referred to as "Banita Appeal". The Zara Appeal is in relation to appeals against the decision of the Court of Appeal in Civil Appeal No. S-02-838-1999 and No. S-02-848-1999 given on 6 June 2003 on an appeal from the judgment of the High Court given at Kota Kinabalu on 6 September 1999 in Civil Suit 351 of 1979. The Banita Appeal is in relation to the appeals against the decision of the Court of Appeal in Civil Appeal No. S-02-849-1999 and No. S-02-820-1999 given on 6 June 2003 on an appeal from the judgment of the High Court given at Kota Kinabalu on 6 September 1999 in Civil Suit No. 352 of 1979. Both the High Court Civil Suit No. 351 of 1979 and Civil Suit No. 352 of 1979 were heard in a joint trial by the learned Judge of the High Court, Ian Chin J. wherein the parties involved in the suits and the factual background leading to the dispute between the parties are substantially the same.

Preliminary Objections

At the out

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