Hanipah Farikullah JCA:

Introduction

[1] This is an appeal by the appellants (plaintiffs) against the decision of the High Court allowing the respondents' (defendants) application to stay the committal proceeding pending the disposal of the respondents' application for review at the Federal Court.

[2] The ground of the plaintiffs' appeal is that the learned Judicial Commissioner (JC) erred in fact and law in deciding that the High Court has jurisdiction to grant an order for stay of the committal proceeding pending the disposal of an application by the defendants for review in the Federal Court pursuant to r 137 of the Federal Rules 1995.

[3] We heard the appeal and after due consideration to the respective submissions of counsel, we dismissed the appeal and now give our reasons.

Facts

[4] Before dealing specifically with the appeal in the present case, it is appropriate to state the background facts of this case.

[5] The 1st plaintiff was the registered owner of a shop lot known as Lot 59, Taman Ilmu, Setiawan, Perak ("Lot 59"). He was also the registered owner (10/15 parts of undivided shares) of two pieces of agricultural land with the title No GM 3896 Lot 563 and GM 3895 Lot