Salleh Abas FJ

(delivering the Judgment of the Court): This is an appeal from the decision of Wan Mohamed J. refusing the appellants' summons-in-chambers to sign final judgment to recover vacant possession of certain demised premises from the respondent.

The respondent was the lessee of the demised premises, i.e. the ground floor and the first floor of the building erected on lot 22, Block 33, Kampung Ayer, Kota Kinabalu. According to the lease agreement which he entered into with the first appellant, Voo Min En, the lease was for a period of sixteen years commencing on January 16, 1965. The lease was duly registered in accordance with section 104 of the Sabah Land Ordinance. On the expiration of the lease on January 16, 1981, only part of the demised premises, namely the first floor was delivered up by the respondent. He retained and still continues to retain the ground floor. When sued for the recovery of this floor the respondent stated in his statement of defence that a new lease for a further term of eight years commencing from January 16, 1981 was created in his favour as a result of an oral agreement on August 30, 1980 between him and Mr. Wong Phu Yin, who was then one of th