Mokhtar Sidin JCA:

This is an appeal by the appellants, the defendants in the court below (hereinafter referred to as the appellants), against the decision of the High Court granting the declaration and the injunctions prayed for by the respondents, the plaintiffs in the court below (hereinafter referred to as the respondents). The appellants and the respondents belong to an association which is known as the Selangor & Kuala Lumpur Foochow Coffee Bar & Restaurant Merchants' Association. The dispute between the parties arose from an election of the executive committee members of the association held on 14 May 2000. It was not disputed that prior to that election the appellants and their group were the executive committee members being elected previously. The election on 14 May 2000 was pursuant to r. 9 of the rules of the association which provides as follows;

No. 9 The Executive Committee shall be formed by 43 Executive Committee Members, all of whom shall be elected by the Annual General Meeting. The following shall be elected among the Executive Committee Members:

(i) A Chairman;

(ii) Two Vice-Chairman;

(iii) A General Secretary

Under that rule the general meeting would