[1] The appellant/plaintiff appeals against the decision of the High Court Judge for dismissing its claim based on the tort of 'conspiracy to injure' against the 1st and 2nd respondents/defendants jointly, and severally came up for hearing on 30 March 2015. Upon hearing we reserved judgment. My learned sister Badariah Sahamid JCA and learned brother Abdul Rahman Sebli JCA have read the draft judgment and approved the same. This is our judgment.

Preliminary

[2] Before we set out the brief facts of the case it must be noted that:

(i) The learned counsel for the 2nd respondent had submitted no case to answer at the High Court and no evidence was led on behalf of the 2nd respondent. Such a conduct is fatal to the 2nd respondents' case and gives the appellant procedural advantage to anchor the cause of action as well as to give probative force to his evidence. Support for the proposition is found in a number of cases. Hamid Sultan Abu Backer J (as he then was) had dealt with it in great detail in the ca