JUDGMENT

Wan Adnan bin Ismail J:

By the statement of claim dated 30 November 1983 the plaintiffs claim against the defendant:

(i) for the sum of RM362,851.69 (specified in paragraph l6 of the statement of claim) as damages suffered by the plaintiffs for wrongful seizure of the plaintiffs' gate valves on 5 November 1974; and (ii) for the sum of RM254,756.99 (specified in paragraph 19) being money paid under duress by the plaintiffs to the defendants as custom duties on gate valves which they allege were not dutiable.

By their defence dated 31 March 1984 the defendants say in paragraph 5 in respect of claim (1) above as follows:

5. With regard to paragraph 10 to 14 of the statement of claim the defendants aver that the said claim of the plaintiff is time-barred by virtue of s. 2(a) of the Public Authorities Protection Act 1948 (Revised - 1978) in that the High Court in dismissing the appeal of the defendants on the 29 June 1979 ordered the return of the said goods to the plaintiff. The High Court on the said date did not make a further order for a stay of execution.

In respect of claim (ii) above the defendants say in paragraph 8 as follows:

8. The defendants further aver that t