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COURT OF APPEAL KUALA LUMPUR
TEO HOCK GUAN & ANOR – Appellant
Versus
JOHORE BUILDERS & INVESTMENTS SDN BHD – Respondent
[1] The appellants before us were the defendants in the Court below. The respondent was the plaintiff. We will, for convenience, refer to them throughout this judgment as plaintiff and defendants.
[2] On 8 October 1994, the High Court at Johor Bahru entered judgment in the plaintiff's favour for the sum RM804,800 together with interest and costs. The defendants had, in the action brought by the plaintiff, delivered a defence and counterclaim. The learned Judge who tried the action entered judgment on the counterclaim for a sum of RM63,375. This appeal is directed only against so much of the learned Judge's judgment as found for the plaintiff. There is no cross-appeal by the plaintiff against the award made on the counterclaim.
[3] Before dealing with the facts as are relevant to the appeal, there is one matter we may dispose of quite shortly.
[4] At the commencement of the appeal, the defendants moved this Court for leave to adduce further evidence on the issue of the capacity in which the defendants had been sued. This is the way which Counsel put it. The statement of claim alleged that the defendants were trading as a firm. That may have been true when the
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