Whitley J:

I have had an opportunity of considering the preliminary objection taken by Mr. Hogan and in view of the conclusion to which I have come, I directed the Registrar to notify Counsel that no witnesses need attend today.

The point taken was that as the subject matter of this action is the administration of a public charity the Attorney General alone can sue. The case of i Yeo Him & Ors v. Yeoh Cheng Kang & Ors 4 Kyshe 500 is direct authority on this point. That case was similar to the present one in that it concerned the administration of a "Seh" or tribal kongsi and that there were allegations of breach of trust and a prayer for the removal of trustees. It was held by the Court of Appeal that the "Seh" or tribal kongsis in these Settlements are public charities and that the Attorney General is the only person who can sue in any suit relating to them and that the objection that the Attorney General ought to be and is not such a party is fatal, although the suit may have proceeded through various stages and even to final judgment and appeal. Such an objection cannot be waived by the parties to the suit.

It is sought to distinguish that case on the ground that the