Chong Siew Fai J: This is an appeal by the defendant against the decision of the learned Magistrate giving judgment against the defendant for the 1st plaintiff in the sum RM10,811 with interest at 8% per annum from the date of the judgment and costs.

The case is on a sale and purchase cum a hire-purchase arrangement of a motor vehicle i.e. a van bearing registration No. KJ 8275, involving, as is more often than not, financing by a finance company.

The action was brought by the 1st plaintiff and the 2nd plaintiff against the defendant for RM15,100 and/or damages resulting in an alleged breach of the implied condition of the defendant's right to sell and to give possession and sole and exclusive use and benefit of the van in that on or about 13 May 1985 the van was seized by the Royal Customs and Excise Department, Kuching on the ground that "it is a material evidence to a customs case under investigation regarding its import". There was also a claim for interest and costs.

For the purpose of this appeal, it is convenient to refer to the 1st plaintiff as the customer, the 2nd plaintiff as the finance company, and the defendant as the dealer.

The following facts are not i