Obeyesekere, J

1) There are two issues that arise for determination in this appeal. The first is whether the Plaintiffs – Appellants [the Plaintiffs] have proved that a sum of Rs. 68m they claim was due to them from the 4^th Defendant – Respondent [the 4^th Defendant] has been remitied by the 4th Defendant to the 1st – 3rd Defendants – Respondents [the Defendants/KKH]. The second is, if so, whether the Defendants have been unjustly enriched by their refusal to pay the Plaintiffs a sum of Rs. 55m out of the said sum of money.

Background to the appeal

2) The Plaintiffs filed action in the High Court of the Western Province holden in Colombo exercising commercial jurisdiction [the Commercial High Court/the High Court] on 6^th June 2006 against the Defendants under eight causes of ac alternative 8th cause of action. The Ceylon Electricity Board had been named as the 4th Defendant only for the purpose of notice and no relief had been claimed against the 4^th Defendant.

3) Pursuant to the answer of the Defendants being filed, an objection had been taken with regard to the maintainability of the 1^st and 2^nd causes of ac the parties had agreed in terms of the contracts that existed between them to