Haji Abdul Kadir Bin Sulaiman J:

Introduction:

This is an application by the defendants to dismiss the plaintiffs' action for want of prosecution pursuant to O. 25 r. 1(4), O. 34 r. 8(1) of the Rules of the High Court 1980 (RHC) and under the inherent jurisdiction of the Court. The Court has an inherent jurisdiction to dismiss an action for want of prosecution where there is default in compliance with an order of the Court or where the plaintiff is guilty of excessive delay in the prosecution of the action (see White Book 1979, Vol. 1 at p. 431).

The application arose out of a writ of summons taken out by the plaintiffs in the Civil Division, High Court of Malaya at Kuala Lumpur and registered as Suit No. S5-23-7 of 1988 for alleged breach of contract for the supply of batching concrete by the plaintiffs as subcontractor to the defendants as the main contractor. The plaintiffs claim special damages amounting to RM258,662.14, general damages, interest and other relief. It was alleged in the statement of claim that the defendants terminated the said contract vide letter dated 7 April 1987. The writ was issued on 7 January 1988 i.e. 7 months after the breach by the defendant