George Seah SCJ:

On the application of the chargee/appellant (hereinafter called the appellant) the learned Judge ordered that the charged lands belonging to the chargor/respondent (hereinafter called the respondent) be sold by public auction under s. 257(1)(a) of the National Land Code 1965 to satisfy the sum of RM2,219,682.70 due to the appellant as at 28 November 1986 with interest thereon at the rate of 8% per annum from 29 November 1986 to the date of realisation.

This is an appeal by the appellant against that part of the Court Order directing that interest at 8% per annum be paid by the respondent to the appellant. There is a cross-appeal by the respondent against the Order for sale made by the High Court.

In ordering that only 8% per annum interest rate be paid by the respondent to the appellant the learned Judge purported to rely on O. 42 r. 12 of the Rules of the High Court 1980 and a recent decision of this Court in the case of Supreme Finance (M) Bhd. v. Koo Sin Ken [1987] CLJ (Rep) 349. At p. 351 the learned Lee Hun Hoe CJ (Borneo) in giving the judgment of this Court said:

The question is whether the debt merged in the judgment. Clearly, where a judgment is r