Nallini Pathmanathan FCJ:

Introduction

[1] The primary question of law for disposal in this appeal relates to the recurrent problem of identifying when a court is rendered functus officio, as opposed to when it retains jurisdiction and/or remains empowered to grant consequential orders, subsequent to the grant of a final judgment or order.

[2] However, overlying the issue stated above in this appeal, is that of res judicata and issue estoppel, as the present appeal stems from an impeachment suit seeking to set aside orders granted in an earlier suit. This impeachment suit was filed after the grant of final orders in the earlier suit. All avenues of appeal in respect of the earlier suit had also been exhausted.

[3] The background facts are of significance.

The Broad Background

[4] The respondent, Engareh (M) Sdn Bhd ('Engareh') filed a suit founded on the tort of detinue against the appellant, Stone World Sdn Bhd ('Stone World') in S-22NCVC-85-2010 ('Suit No 85').

[5] After a full trial, Engareh succeeded in establishing its case in detinue. The trial court ordered that the subject matter of the claim, marble stones, be delivered up or that Engareh collected the same. Additionally