Mohamed Dzaiddin Hj Abdullah SCJ:

[1] This appeal arises from the decision of Zakaria J given on 5 December 1992, allowing an appeal by the respondents against the decision of the Registrar giving leave to the appellant to sign final judgment under O 14 Rules of the High against the respondents for the sum of RM2,745,455.32 as at 30 September 1988 with further interest and costs.

[2] The brief facts of the case are these. On 5 August 1983, the appellant granted to the first respondent banking facilities for a total amount of RM7,000,000 and in consideration thereof, the second and third respondents together with Kuah Sai Yok (deceased) executed a continuing guarantee and indemnity on 24 October 1983 in favour or the appellant for due repayment of the said total principal sum advanced to the first respondent together with interest. The first respondent defaulted in the repayment of these facilities. The appellant then sent notices of demand to the respondents and Kuah Sai Yok (deceased), demanding payment of the sum of RM2,619,032 due and owing as at 22 April 1988 together with interest. On 24 November 1988, the appellant commenced legal action against the respondents claimin