Hashim Yeop A Sani CJ (Malaya):

[1] The appellant as plaintiff went before the learned judge of the High Court on an application under O 14 of the Rules of the High 1980 for summary judgment for the amount endorsed in the writ, to wit $2,950,000 and interest at the rate of 14% pa on the sum claimed until judgment and thereafter at the rate of 8% pa until satisfaction.

[2] The appellant's claim was grounded on a deed dated 3 April 1985 between the appellant and the first and second respondent companies and an agreement in writing also dated 3 April 1985 executed by the third, fourth and fifth respondents being directors of the first and second respondent companies. In the deed it is stated that in consideration of the appellant agreeing, inter alia, to forbear from further prosecuting certain civil actions and to discontinue the same, the first and second respondent companies jointly and severally agreed to pay to the appellant the sum of $3,000,000. In the agreement it is stated that the third, fourth and fifth respondents jointly and severally guaranteed the observance and performance of the terms and conditions of the deed referred to earlier.

[3] It is not disputed that th