JUDGMENT

James Foong J:

On 17 March 1995, the plaintiffs obtained an ex parte interlocutory injunction (ex parte injunction) to inter alia restrain the defendant from participating in the activities of the ex-servicemen association. On 30 March 1995 the plaintiffs filed an application by way of summons-in-chambers, inter parte, to extend the interim injunction so granted until the date of hearing of the case proper. This application came before Justice Datuk Mokhtar Sidin on 31 March 1995 where both parties were represented. The hearing was adjourned to 10 April 1995. Here, Counsel for both parties informed this Court that no formal records are available to determine whether the said Judge extended the ex parte injunction up to the adjourned date of 10 April 1995. On 10 April 1995, the said Judge heard arguments and refused the plaintiffs' application for extension. On consequential orders, such as the issue of damages, Haji Sulaiman, Counsel for the defendant revealed that the said Judge had announced that, "he will deal with this later." Since the Judge is elevated to the Court of Appeal, this Court is left to determine this issue on damages.

The defendant claims that since the p