JUDGMENT

Richard Malanjum J:

[1] This is the JUDGMENT of the court.

[2] This is an appeal by the Appellant. He was the 1st Plaintiff in the court below. He is appealing against the decision of the learned Sessions court Judge (SCJ) dismissing his claim and one other.

[3] There were two suits, namely Nos. 52-03-96 and 52-04-96 before the learned SCJ with several plaintiffs involved. However at the commencement of the hearing their learned counsel applied to discontinue the action of the others. Hence, in suit No. 52-03-96 the remaining plaintiffs were the Appellant and Sri Gemawan Sdn. Bhd. As for suit No. 52-04-96 only the Appellant is left as the plaintiff. It was also disclosed that since January 1996 Sri Gemawan Sdn. Bhd. had been wound up.

[4] The facts of the case were well covered by the SCJ. There were also agreed facts submitted by learned counsel for the parties at the commencement of the trial. Thus it would be sufficient if the gist is reproduced herein.

[5] There were two logging trucks with trailers. One was a Kenworth Logging Truck bearing registration No. SK1921 whilst its trailer bore the registration No. SK1922. For convenience these are collectively referred to herein a