Zulkefli Makinudin FCJ:

Introduction

[1] 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

[2] At the