Lee Hun Hoe CJ (Borneo):

This is the second time that this appeal came before this Court. It was actually heard on 9 June 1988 before me, Sulaiman SCJ and Seah SCJ. Judgment was reserved. But before judgment could be delivered certain events took place resulting in the rehearing of the appeal pursuant to s. 42 of the Courts of Judicature Act 1964.

The respondents who were plaintiffs in Kota Kinabalu High Court Civil Suit No. K. 486 of 1983 sued Syarikat Chemas Pemborong Sdn. Bhd. (1st defendant), Chu Yun (2nd defendant), Yap My Chue (f) (3rd defendant), Syarikat Pemborong Maju Satu Sdn. Bhd. (4th defendant), Ho Yun Kiong (5th defendant) and Hing Nyuk Ching (6th defendant). On 24 January 1985 it was adjudged that Chu Yun do pay the plaintiffs, QBE Supreme Insurance Bhd. the sum of RM120,266.35 with interest at the rate of 12% per annum from 14 January 1983, statutory interest at 8% per annum from the date of judgment until payment and costs of RM225. The balance sum of RM32,550.25 together with accruing interest and costs remained unsatisfied. On 17 May 1985 a prohibitory order was obtained against Chu Yun in respect of:

(i) 1/16 undivided share of Lease No. 077508288 (not