[1] We begin by pointing out the unfortunate fact that the trial of this case took a mere 22 days on diverse dates in the months of April, June and July 2009; the judgment nevertheless, was only delivered on 12 December 2013, some three years after the conclusion of the hearing. The learned judge entered judgment against the respondent (the defendant in the court below) for the sum of RM39,422.40 plus interest of 5% per annum on the judgment sum calculated from 16 February 2004 until full settlement. It is noteworthy that the respondent joined the Mayor of the City of Kota Kinabalu and DBKK Holdings Sdn Bhd as the first and second third parties respectively claiming to be indemnified by the third parties against the appellant's claim. However, the respondent's claim against the third parties were dismissed for which, we observe, no appeal was filed by the respondent against the dismissal of its claim.

Facts

[2] In the