Zawawi Salleh JCA

(delivering judgment of the court):

INTRODUCTION

[1]Before us there were four related appeals, namely:

(a) Civil Appeal No W-01(NCVC)-W-264–07 of 2013;

(b) Civil Appeal No W-01(NCVC)-W-280–08 of 2013;

(c) Civil Appeal No W-01(NCVC)-W-291–08 of 2013; and

(d) Civil Appeal No W-02(NCVC)-W-1773–08 of 2013.

[2]These appeals were heard together since they involved the same parties and similar questions of law considered by the court below. The parties also agreed that we should hear the appeals together.

[3]We will refer to the parties as they were in the High Court. In the High Court there was only one plaintiff. But he was not just a respondent, he was also the appellant in the fourth appeal.

[4]Initially, the suit was filed against the nine named defendants in the court below. However, the suit against the sixth defendant was withdrawn, when the plaintiff filed a ‘Notis Pemberhentian’ dated 12 October 2012. The trial proceeded with the remaining defendants. Accordingly, any reference to the defendants in this judgment shall exclude reference to the sixth defendant.

[5]The appeals emanated from the decision of the learned judge of the High Court at Kuala Lumpur, who held