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COURT OF APPEAL KUALA LUMPUR
AIK MING (M) SDN BHD & ORS – Appellant
Versus
CHANG CHING CHUEN & ORS & ANOTHER CASE – Respondent
Introduction
[1] These appeals were called on for hearing on 9 May 1995 but were not taken in the order in which they appeared in the list of appeals. Both appeals arise out of the same suit. It was therefore decided, with the concurrence of all Counsel, that civil appeal no 35/95 ("the first appeal") would be taken first and if it failed then civil appeal no 34/95 ("the second appeal") would be taken next. This course was resorted to because, it was agreed that if the first appeal succeeded, the second would be deemed to have succeeded as well. For convenience, I shall refer to the parties according to the title assigned to each of them in the Court below.
[2] The first appeal is by the second to the ninth defendants who are members of the Chang family, consisting of the first plaintiff's wife by his first marriage, the children of that marriage, the spouse of the third defendant, as well as by the first defendant which is the family company. The appellant in the second appeal is the purchaser of six lots of land owned by the first defendant and situated in Pontian. It intervened in the suit and resisted the claim and was designated, 'intervener' in the Co
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