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2008 MarsdenLR 4187 ; 2008 MarsdenLR 1

MOKHTAR SIDIN, MOHD GHAZALI YUSOFF, LOW HOP BING
INDAH DESA SAUJANA CORPORATION SDN BHD & ORS – Appellant
Versus
JAMES FOONG CHENG YUEN & ANOR – Respondent


JUDGMENT

Low Hop Bing JCA:

Appeals

[1] These two appeals lodged by the appellants - plaintiffs ("the plaintiffs") arose from the orders of the Kuala Lumpur High Court made pursuant to two summonses in chambers, the particulars of which are:

Application Order

Encl (8) Plaintiffs' application, to prevent the AttorneyGeneral or his officers from acting for thefirst respondent-defendant ("the first defendant"),was dismissed with costs.

Encl (6) Application of the respondents-defendants("the defendants"), to strike out the plaintiffs'statement of claim, under O. 18 r. 19(1)(a),(b) or (d) of the Rules of the High Court1980, was allowed with costs.

Indah Desa Saujana Corporation Sdn Bhd & Ors v. James Foong Cheng Yuen & Anor [2005] 4 CLJ 925 HC

[2] After hearing submissions, we dismissed these appeals. Our grounds now follow.

[3] For convenience, the parties herein are referred to in their respective capacities as plaintiffs and defendants in the High Court.

Factual Background

[4] On 25 October 2002, the plaintiffs, also the plaintiffs in another action ie Kuala Lumpur High Court Civil Suit No: D2-22-987-2000, had obtained default judgment for some RM14 million ("the judgment sum") agains

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