Haidar bin Mohd Noor J:

By consent, civil suits 22-113-1992 and 22-114-1992 were consolidated on the ground that the defendant is the same and though the plaintiffs are different but the directors/shareholders of both plaintiff's are more or less the same people and the claim for breach of contract in both suits would appear to be on similar grounds.

On 30 May 1993 I gave the following judgment in respect of both suits in favour of the plaintiff -

Civil Suit 22-113-1992.

1. Defendant to pay general damages of RM371,929.50; 2. Interest at the rate of 8% per annum from date of action, that is, 10 December 1992, to date of payment of the judgment sum; and 3. Costs.

Civil Suit 22-114-1992.

1. Defendant to pay general damages of RM493,227.80; 2. Interest at the rate of 8% per annum from date of action that is, 10 December 1992, to date of payment of the judgment sum; and 3. Costs.

The defendant appealed against my judgment as stated above.

After the judgment, the plaintiff/judgment creditor ("JC") proceeded with garnishee proceedings under O. 49 of the Rules of the High Court 1980 ('RHC').

JC filed the following ex-parte summons in chambers pursuant to O. 49 r. 2 of RHC.

In respect of civil suit 22-113-1992 three ex-parte summons in chambers were filed by JC (see encls. 93, 95 and 97). Similarly in respect of all the ex-parte summons in chambers, an affidavit in support was filed by one Tai Choon @ Tai See, a director of JC (see encls. 94, 96 and 98).

In respect of encl. 93, the garnishee is Majlis Perbandaran Melaka Bandaraya Bersejarah and the sum allegedly due to the defendant/judgment debtor ('JD') from the garnishee is RM300,000.

In respect of encl. 95, the garnishee is Melaka Baru Sdn. Bhd. and the sum allegedly due to JD from the gar- nishee is RM300,000.

In respect of encl. 97, the garnishee is Bank of Commerce (M) Bhd, Melaka branch at No. 188-190, Taman Melaka Raya, Melaka for which JD allegedly has a current account No. 0401-0550-739-007 with the garnishee but the amount was not disclosed in the affidavit of Tai Choon @ Tai See.

With regard to civil suit 22-114-1992, six ex-parte summons in chambers were filed by the plaintiff/ judgment creditor ('JC') under O. 49 r. 2 of RHC (see encls. 77, 79, 81, 83, 85 and 87). An affidavit in support of the six ex-parte summons in chambers was filed by one Goh Teck Seng, a director of JC (see encls. 78, 80, 82, 84, 86 and 88).

With regard to encl. 77, the garnishee is Majlis Perbandaran Melaka Bandaraya Bersejarah and the sum allegedly due to the defendant/judgment debtor ('JD') is RM300,000.

With regard to encl. 79, the garnishee is Perbadanan Kemajuan Negeri Melaka and the sum allegedly due is RM120,000.

With regard to encl. 81, the garnishee is Bank of Commerce (M) Bhd. Melaka Branch of No. 188-190, Taman Melaka Raya, Melaka. JD allegedly has a current account No. 0401-0550-739-007 with the garnishee but the amount was not disclosed in the affidavit of Goh Teck Seng.

With regard to encl. 83, the garnishee is Bank Bumiputra Malaysia Berhad, Melaka Branch of AG 8871, 8872 & 8873, Wisma Hj. Sulong Siban, Jalan Besar, Masjid Tanah, Melaka. JD allegedly has a current account or other account with the garnishee but the amount was not disclosed in the affidavit of Goh Teck Seng.

With regard to encl. 85, the garnishee is Hyundai Engineering & Construction Co. Ltd. of 13th. Floor, Plaza MBf, Jalan Ampang, Kuala Lumpur. The sum allegedly due to JD from the garnishee is RM80,000.

With regard to encl. 87, the garnishee is Melaka Baru Sdn. Bhd. of lot 3.26, Soon Seng Plaza, Jalan Hang Tuah/Jalan Kilang, Melaka. The sum allegedly due to JD is about RM300,000.

On 7 June 1993, JC obtained orders nisi from the Senior Assistant Registrar in respect of encls. 93, 95 and 97 for Civil Suit 22-113-1993 (see encls. 105, 106 and 107).

On 7 June 1993, itself JC obtained orders nisi from the Senior Assistant Registrar in respect of encls. 77, 78, 81, 83, 85 and 87 for Civil S