Gopal Sri Ram JCA:

This is an appeal by the Sandakan Turf Club ('the Club') against the decision of the High Court at Kota Kinabalu granting Sababumi (Sandakan) Sdn. Bhd. (the respondent) the following declaratory and other relief:

1. that the Licence dated January 1995 bearing the reference KK/BP(J)/8.00/4/ 23/3-1 JD.1 (4) issued by the Federal Minister of Finance of the Government of Malaysia to the Kelab Lumba Kuda Sandakan (Sandakan Turf Club) underthe Pool Betting Act, 1967 and any renewals thereof is within the scope of the Agreement between the Kelab Lumba Kuda Sandakan (Sandakan Turf

Club) and Sababumi (Sandakan) Sdn. Bhd. dated 26 November 1987;

2. that the Kelab Lumba Kuda Sandakan (Sandakan Turf Club) was and still is in bre ach of the provisions of the said Agreement which confer exclusive right to Sababumi (Sandakan) Sdn. Bhd. to conduct and manage all 3-Digit (3-D) and 4-Digit (4-D) operations in and throughout the State of Sabah;

3. that the Kelab Lumba Kuda Sandakan (Sandakan Turf Club) do pay Sababumi (Sandakan) Sdn Bhd damages to be assessed by the High Court, Kota Kinabalu in respect of the said breach; and

4. that the Kelab Lumba Kuda Sandakan (Sand