Wan Suleiman FJ:

There are two judgments in this case, written by the LP and the CJ Borneo, and I agree with both of them.

In their absence, I shall read first the LP's judgment. (Reads).

Suffian LP: (read by Wan Suleiman FJ): The plaintiffs granted a mining company a sub-sublease under which the company was to pay the plaintiffs tribute. The company was in arrear to the tune of $130,000.

By a contract in writing dated 20 December 1967, between (1) the plaintiffs, (2) the mining company and (3) the defendants and two others, the defendants and the two others acknowledged that the $130,000 was due from the company to the plaintiffs; the first three asked the plaintiffs to forbear enforcement of the payment of that money and to allow the company to pay it by monthly instalments, the first instalment to be paid on 20 January 1968; and the three jointly and severally guaranteed the repayment of the money to the plaintiffs.

The contract finally provided that in the event of any default in the payment of the said instalments or in the event of the winding up of the company the whole sum or the balance outstanding shall become immediately due and payable by the company and th