JUDGMENT

Heliliah Mohd Yusof J:

[1] In this action (encl 3) the plaintiffs sought inter alia , the following:

1) a declaration that an Extraordinary General Meeting (EGM) held on 18 February 2003 was unlawfully convened, and all resolutions passed in the EGM are null and void;

2) a declaration that the first plaintiff (as Assistant Secretary) was unlawfully removed at the EGM;

3) a declaration that the defendant had been unlawfully conferred at the EGM with powers to act as the Secretary and Assistant Secretary of the Jerantut Chinese Chamber of Commerce Pahang; and

4) a declaration that the resolution inter alia passed at the aforementioned EGM to convene the Annual General Meeting (AGM) held on 23 March 2003 is null and void.

The other prayers were not dealt with as certain events had overtaken the relief sought.

[2] The court has jurisdiction and power to make declaratory judgments but it is a discretionary remedy. That power is also confined to matters which are justiciable and it must be justified by the circumstances of the case.

[3] The court was asked to decide on an issue which concerned membership rights in a society. The plaintiffs and the defendant being members of the Jerantut Chinese Chamber of Commerce Pahang (JCCCP) were governed by the Rules of the Jerantut Chinese Chamber of Commerce Pahang (JCCCP Rules).

[4] Both the plaintiffs and defendant had set out certain events which had taken place and which had culminated in the filing of encl. 3. The following constituted the matrix of relevant events:

1. The Plaintiffs were members of the JCCCP. The Plaintiffs were also members of the Executive Committee of the JCCCP or the EXCO.

2. The Defendant is the President of the JCCCP. The President has been sued and named as a party to the proceedings by virtue of s. 9(c) of the Societies Act 1966 . Section 9(c) of the Societies Act 1966 states that:

(c) a society may sue or be sued in the name of such one of its members as shall be declared to the Registrar and registered by him as the public officer of the society for that purpose, and, if no such person is registered, it shall be competent for any person having a claim or demand against the society to sue the society in the name of any office-bearer of the society;

3. On 2.1.2003, the Secretary of the JCCCP had issued a notice to convene the 12th EXCO Meeting to be held on 10.1.2003. [Exhibit G-2 of Goh Say Joo's affidavit dated 7.5.2003 at pages 18-19].

4. On 8.1.2003, the President had on his own accord issued a notice to adjourn the 12th EXCO Meeting. Consent of the EXCO members was not sought before issuing the Notice to Adjourn. [Exhibit G-3 of Goh Say Joo's affidavit dated 7.5.2003 at pages 20-21].

5. The Plaintiffs had objected to the adjournment of the 12th EXCO Meeting. [Exhibit G-4 of Goh Say Joo's affidavit dated 7.5.2003 at pages 22-23].

6. On 10.1.2003, the Plaintiffs convened the 12th EXCO Meeting. During the 12th EXCO Meeting, the following resolutions were passed:

(a) that 172 new members were be admitted as members of the Chamber. This resolution by the EXCO was contained in item 8 of the minutes of meeting found in Exhibit G-8 of Goh Say Joo's affidavit dated 7.5.2003 at pages 30 and 31; and

(b) that the Annual General Meeting (AGM) of the Chamber was to be held on 13.4.2003. This resolution by the EXCO is contained in item 9.3 of the minutes of meeting found in Exhibit G-8 of Goh Say Joo's affidavit dated 7.5.2003 at pages 30 and 31.

7. On 5.2.2003, it was alleged the JCCCM purportedly received a members' requisition to convene an Extraordinary General Meeting (EGM). The EGM requisition was signed by 38 persons. [Exhibit G-9 of the affidavit affirmed by Goh Say Joo on 7.5.2003 at pages 36 to 43].

8. On 11.2.2003, some of the Plaintiffs received an undated notice to attend the EGM on 18.2.2003. The EGM notice had set out the following agenda:

(a) a motion to remove the Secretary and Assistant Secretary of the Chamber;

(b) a motion to "reject" the 12th EXCO Meeting and all