Gopal Sri Ram JCA:

[1] This an appeal against the order of the High Court at Kuala Lumpur made upon the respondent's summons for judgment. In his writ the respondent claimed the sum of RM268,888 against the appellant. The learned Judge entered judgment against the appellant for the sum of RM168,888 but gave him unconditional leave to defend in respect of the balance. There is no cross-appeal by the respondent against this latter order. The factual background to this case may be briefly stated.

[2] The appellant is one of the shareholders of a private limited company known as Wealth Sdn Bhd ("the company"). He is also one of its directors. The company was at all material times the registered proprietor of three lots of land in the Mukim of Kajang. The land in question adjoins a rather prestigious housing development known as "Country Heights". At the time the company acquired the land it was classified as agricultural land. The company intended to develop it. There was therefore a need to convert its use from agricultural to housing and to have it subdivided. There was also a problem of access from the land in question through Country Heights. It is common ground that the appe