Wan Suleiman SCJ:

The appellants had by various hire purchase agreements hired out to the first respondent various motor vehicles, as set out in their statement of claim, the 1st respondent being a limited company and the 2nd respondent the guarantor of the 1st respondent.

The appellants have previously filed a suit, K.L. High Court Civil Suit No. C1129 of 1981 (the first suit) against the 1st respondent alone relating to the same subject save that the first suit was in respect of 8 out of the 9 vehicles.

In the 1st action the appellants unsuccessfully attempted to obtain summary judgment under O. 14, and the respondents were given unconditional leave to defend. The appellants discontinued their action and were granted liberty to file afresh.

There was no appeal from this decision which was made by the Senior Assistant Registrar. The appellants then filed the present suit, i.e. Civil Suit No. C83 of 1984 (the second suit), and again sought to obtain summary judgment under O. 14.

Counsel for the respondents submitted in the Court below that since the issues between the parties had been finally decided on the merits in the hearing before the Senior Assistant Registrar in the