JUDGMENT

Abdul Malik Ishak J:

The plaintiff is the younger brother of the second defendant and together they formed the company known as Sin Bee Seng & Co. (Port Weld) Sdn. Bhd. (the first defendant and hereinafter referred to as the "company") on 23 March 1979 (see p. 24 of the agreed bundle at "AB 2"). The company, at all material times, owns a total of seven (7) kilns on lands held by the company under a temporary occupation licence ("TOL") for the processing of charcoals and these kilns are identified by the numbers 3, 4, 7, 9, 12, 17 and 19. The pleadings indicated that the parties agreed that the issued and paid up capital of the company was RM10,000 made up of 10,000 ordinary shares of RM1,00 each and the shareholders of the company comprised, at all material times, the plaintiff, which had 2,200 shares, the second defendant, holding 1 share and the third defendant holding 7,799 shares. It is also not disputed and agreed by the parties as reflected in the pleadings that the company's primary business is and was, at all material times, the extraction of mangrove wood from lands held by the company under TOL for the purposes of processing and producing charcoals. Under reexamina