Mokhtar Sidin JCA:

We have given our decision earlier and we now give our reasons for doing so.

This is an appeal by the appellant, Bacom Enterprises Sdn. Bhd. who as the sixth defendant is also the third party in the court below. The 1st respondent here (Jong Chuk) is the plaintiff in the court below. The 2nd to the 6th respondents are the 1st to 5th defendants in the court below. The identification of the various parties is necessary so as to understand the issue on appeal and to avoid any confusion.

The appeal is against the decision of the learned trial judge made in the High Court at Kuching on 6 August 1997. The learned judge had on that day dismissed the application by the appellant to reamend its amended statement of defence and counterclaim and adjourned the appellant's application for the recall of the 1st respondent and other witnesses for further cross-examination after the respondents had closed their cases.

The facts are as found in the statement of agreed facts (AR 148-153). On 22 October 1991 the 1st respondent entered into an agreement with the 2nd to 6th respondents to develop a piece of land known as Lot 29, Block 218, measuring about 1.23 hectares, K