JUDGMENT

Suriyadi Halim Omar JCA:

[1] We had unanimously dismissed the appeal with costs, and had affirmed the decision of the learned High Court judge who had refused the defendant's appeal (hereinafter referred to as the appellant) based on a preliminary objection raised by the plaintiff, hereinafter referred to as the respondent. At the subordinate Court's level the Sessions Court judge had allowed the respondent's application to enter a judgment under O. 22 rr. 1 & 3 of the Subordinate Courts Rules 1980 . These provisions read as follows:

1. Without prejudice to Order 14, rules 2, 3, 4 and 19 a party to a cause or matter may give notice, by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the Cause of any other party.

2. ...;

3. Where admissions of fact are made by a party to a cause or matter either by his pleadings or otherwise, any other party to the cause or matter may apply to the Court for such judgment or order as upon those admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may give such judgment, or make such order, on the application as it thinks just.

[2]