JUDGMENT

Noor Ruwena Md Nurdin JC:

Introduction

[1] The parties will be referred to as they were at the Sessions Court, ie P, D1, D2 and D3, respectively since the plaintiff and defendants have appealed and cross-appealed against the whole decision of the Sessions Court Judge (SCJ) delivered on 6 January 2023. The SCJ had since retired and unfortunately, she did not prepare a written grounds of judgment of her decision. Therefore, this Court did not have the benefit of assessing the rationale of the SCJ in a proper written grounds of judgment but had only the records of appeal and broad grounds as per the Notes of Evidence on 6 January 2023 (refer to pp 408-425 of the Rekod Rayuan Tambahan 2 (RRT2)).

[2] There were 2 appeals filed separately to the High Court and they were Civil Appeal No AB-12BNCVC-5-01-2023 and AB-12BNCVC-6-01-2023. In short, they will be referred to as Appeal No 5 and Appeal No 6, respectively. Appeal No 5 was filed by D2 and D3 whereas Appeal No 6 was filed by the P. At the end of the trial in the Sessions Court, the SCJ decided as follows:

"1. Tuntutan Plaintif terhadap Defendan Pertama ditolak dengan kos RM10,000.00;

2. Tuntutan Plaintif terhadap Defendan Kedua dan