Abdul Malek Ahmad FCJ:

The twenty-four appellants are all participants of a youth settlement scheme known as the Pujut/Lopeng Youth Settlement Scheme in the Fourth Division, Miri in Sarawak. The scheme had been established by the respondent with the primary objective of settling rural school leavers and to educate and train them to undertake economic and scientific farming. The supervising authority was the State Department of Agriculture.

Except for four of the appellants namely Andy Hisham bin Basnol, who continued the action upon the death of Basnol bin Abol pursuant to order of court dated 12 January 2001, Chong Kui Hiong (hereinafter "Chong"), who replaced Kong Hee Choi pursuant to order of court also dated 12 January 2001, Intai ak Utong (hereinafter "Intai") and Junan ak Salau (hereinafter "Junan"), all the other appellants are the original settlers who had joined the scheme in three batches from 1972 until 1976. Kong Hee Choi took over from his brother Roland Kong Oh Koi who passed away on 16 June 1987. He had written to the Miri Department of Agriculture to take over his brother's place. The Miri Department of Agriculture in fact accepted payments from him but he