Abdul Malik Ishak J:

Introduction

This judgment concerned four (4) enclosures, namely, enclosures 187, 188, 189 and 190. These enclosures concerned four (4) different defendants and for ease of reference they may be identified as follows:-

(a) the fourth defendant by the name of Lee Soon Heng @ Lee Chan Fai and the relevant enclosure would be enclosure 187;

(b) the third defendant by the name of Chan Siew Thong with enclosure 188 as the relevant enclosure;

(c) the seventh defendant by the name of Kuan Peng Ching @ Kuan Peng Soon with enclosure 189 as the relevant enclosure; and, finally,

(d) the fifth and the sixth defendants known as Chin Yim Kuan and Lim Kok Cheong respectively and the relevant enclosure for both of them would be enclosure 190.

I will now proceed to examine these four (4) enclosures separately.

Enclosure 187 - The Fourth Defendant (Lee Soon Heng @ Lee Chan Fai)

The fourth defendant filed an application by way of a summons in chambers in enclosure 156 for, inter alia, an order to strike out the plaintiff's writ and the statement of claim pursuant to the inherent jurisdiction of the court and for dismissal of the same for want of prosecution pursuant to O