Hasan Lah J:

Introduction

In this action the plaintiff is claiming for damages to be assessed, special damages in the sum of RM344,800, interest and costs. The claim is grounded on negligence of and/or breach of contract by the defendants while acting as the plaintiff's advocates and solicitors.

Facts

The 1st defendant is an advocate of the High Court in Sabah and Sarawak and at all material times was practising under the name and style of the legal firm of Messrs Linton & Co. Advocates, the 2nd defendant, at Lot 584, 1st Floor, Law Gek Soon Road, Bintulu. The plaintiff is a claimant in respect of all that parcel of land situate at Sungai Keresap, Batang Kemena, Bintulu, containing an area of 6.201 hectares (15.31 acres) more or less described as Lot 272, Block 38 Kemena Land District (hereinafter referred to as the said Lot 272"). On or about 24 July 1991 the defendants were retained by the plaintiff in respect of a dispute relating to the said Lot 272. The inquiry was held by the assistant settlement officer pursuant to the Sarawak Land Code where it was decided on 2 September 1991 that the said Lot 272 was to be divided between the plaintiff and the other 15 claimants