JUDGMENT

Mohd Ghazali J:

On 4 October 1994 the plaintiffs filed an originating summons in the High Court, Johor Bahru claiming for the following reliefs against the defendants:

(i) a declaration that all the lands acquired by the defendants for the purpose of constructing the Sungei Linggui Dam near Kota Tinggi, Johor is aboriginal area or aboriginal reserve;

(ii) an order that the defendants jointly or severally pay to the plaintiffs all the compensation received by them from the Government of Singapore or a sum deem just by the Court;

(iii) costs.

Prayer (ii) above was subsequently amended to read:

for a declaration that the plaintiffs are entitled to be paid the sum of RM320 million or a portion thereof as deems fit by this honourable Court.

On 19 December 1995 the learned Judge who tried the proceedings (hereafter referred to as 'the trial Judge') ordered that the defendants pay the plaintiffs the sum of RM26,500,000 as compensation with no order as to costs.

On 5 March 1997, by way of an ex parte Summons-in-Chambers, the plaintiffs applied for an order "that a certificate be issued to the plaintiffs in this action as prescribed in the Government Proceedings Act 1956 (Revised-1988) s. 33 for the payment of the judgment sum of Ringgit Malaysia Twenty-Six Million and Five Hundred Thousand (RM26,500,000) awarded by this Honourable Court in this action on 19 December 1995 to the plaintiffs against the 1st defendant, Kerajaan Negeri Johor & second defendant, Pengarah Tanah Dan Galian, Negeri Johor" (hereafter referred to as "the application" and "the certificate" respectively). In their affidavit in support of the application, the plaintiffs stated that on 7 January 1997 their solicitors wrote to the defendants requesting that the judgment sum be paid forthwith and since there was no response hence the application.

Section 33 of the Government Proceedings Act 1956 (hereafter referred to as 'the GPA') reads:

(1) Where in any civil proceedings by or against the Government or in any proceedings under Chapter VIII of the Specific Relief Act 1950 , or in any such proceedings as would in England be brought on the Crown side of the Queen's Bench Division, or in connection with any arbitration to which the Government is a party, any order (including an order for costs) is made by any Court in favour of any person against the Government or against an officer of the Government as such, the proper officer of the Court shall, on an application in that behalf made by or on behalf of that person at any time after the expiration of twenty-one days from the date of the order or, in case the order provides for the payment of costs and the costs require to be taxed, at any time after the costs have been taxed, whichever is the later, issue to that person a certificate in the prescribed form containing particulars of the order:

Provided that if the Court so directs, a separate certificate shall be issued with respect to the costs (if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this section may be served by the person in whose favour the order is made upon the person for the time being named in the record as the advocate for the Government or for the Government department or officer concerned.

(3) If the order provides for the payment of any money by way of damages or otherwise, or of any costs, the certificate shall state the amount so payable, and the appropriate Government shall, subject as hereinafter provided, pay to the person entitled or to his solicitor the amount appearing by the certificate to be due to him together with the interest, if any, lawfully due thereon:

Provided that the Court by which any such order as aforesaid is made or any Court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of any amount so payable, or any part thereof, shall be suspended, and if the certificate has not been issued may order any such dir