Mohamed Dzaiddin Abdullah SCJ:

[1] This is an appeal from the decision of Haidar J made on 14 October 1991 in consolidated garnishee proceedings, refusing to make absolute the appellants' garnishee orders nisi against the respondents.

[2] The four appellants were the nominated sub-contractors of the judgment debtor under a written contract made on 18 August 1984 (the said contract) between the respondents/garnishee and the judgment debtor in respect of interior decoration works, fabrication, supply and installation of furniture and fittings to the Kuching Holiday Inn Hotel extension project. As a result of nonpayment for work done, the appellants respectively sued the judgment debtor and obtained judgment for a total sum of RM320,720.98 which had remained unsatisfied. They then proceeded with garnishee actions against the respondents/garnishee, the employer of the judgment debtor, to garnish the retention money in the hands of the respondents/garnishee which was due to the judgment debtor under the said contract. The respective garnishee orders nisi were served on the respondents/garnishee on 13 January 1987, 13 February 1991 and 3 May 1991.

[3] At the trial before the learned