Mohd Ghazali J:

On 4 October 1994 the plaintiffs filed an originating summons in the High Court, Johor Bahru claiming for the following reliefs against the defendants:

(i) a declaration that all the lands acquired by the defendants for the purpose of constructing the Sungei Linggui Dam near Kota Tinggi, Johor is aboriginal area or aboriginal reserve;

(ii) an order that the defendants jointly or severally pay to the plaintiffs all the compensation received by them from the Government of Singapore or a sum deem just by the Court;

(iii) costs.

Prayer (ii) above was subsequently amended to read:

for a declaration that the plaintiffs are entitled to be paid the sum of RM320 million or a portion thereof as deems fit by this honourable Court.

On 19 December 1995 the learned Judge who tried the proceedings (hereafter referred to as 'the trial Judge') ordered that the defendants pay the plaintiffs the sum of RM26,500,000 as compensation with no order as to costs.

On 5 March 1997, by way of an ex parte Summons-in-Chambers, the plaintiffs applied for an order "that a certificate be issued to the plaintiffs in this action as prescribed in the Government Proceedings Act 1956 (Re