JUDGMENT

Vernon Ong JCA:

Introduction

[1] The two appeals herein relate to a decision of the High Court sitting in Kota Bharu which allowed part of the plaintiffs' claim whereby the defendants were required to produce particulars of each of the plaintiffs' entitlements to the judgment sum.

[2] Appeal 1850 is the defendants' appeal whilst Appeal 1881 is the plaintiffs' appeal. In this judgment, the parties shall be referred to as they were in the Court below.

The Salient Facts

[3] The 271 plaintiffs are settlers in Rancangan Felda Kemahang.

[4] The defendants are partners of a legal firm ("the Firm") which had acted for the plaintiffs to initiate proceedings against Lembaga Kemajuan Tanah Persekutuan ("Felda") and two others for damages ("the Felda Suit").

[5] On 13 January 2008, the plaintiffs obtained judgment against Felda and two others for damages in the sum of RM7,810,000.00 together with interest and costs.

[6] Pending the disposal of Felda's appeal to the Court of Appeal, the judgment sum together with interest amounting to RM11,322,592.00 was paid into a joint stakeholder's account under the names of Messrs Wong Lu Peen & Tunku Alina, solicitors for Felda and the Firm