JUDGMENT

Gopal Sri Ram JCA:

[1] This is the Judgment of the Court.

[2] This appeal is directed against the order of the High Court at Kota Kinabalu allowing the respondents' claim against the appellants. The facts which constitute the background to this appeal may be shortly stated.

[3] There is a company called Tunggak Makmur Sdn Bhd. It is the 1st defendant in the Court below. The 8 plaintiffs were its shareholders. Each held a different number of shares. They entered into three agreements namely exh. P2 dated 23 July 1994, exh. D3 dated 13 September 1994, and exh. D4 dated 23 September 1994 with the 2nd and 3rd defendants to sell their shares to the latter. The total purchase price was about RM700,000. According to these defendants they paid for the purchase price and then sold the shares to the 4th, 5th and 6th defendants. Later, the plaintiffs brought an action for the recovery of shares on the ground that they had not been paid for. A number of issues were framed by the parties before the learned trial judge. However, only one has survived before us in this appeal as being relevant for its disposal. That issue is whether payment had been made by the 2nd and 3rd defendants to the