Gopal Sri Ram JCA:

This is the judgment of the court.

There are two consolidated appeals before us. Their facts are not in dispute. The appellant before us is a creditor of one Chan Kim Swi ("Chan"). Chan was the second plaintiff in the court below. But he took no part at the trial. Chan had a policy of insurance with the respondent. The sum insured was RM600,000. The policy covered loss through robbery at Chan's place of business. On 10 December 1984, Chan lodged a claim with the respondent for loss that he suffered in a robbery that had occurred on 26 November 1984. On the same day the respondent appointed adjusters to investigate Chan's claim.The adjusters produced a report. It is dated 24 April 1985. It is exh. P9 in the record of proceedings in the court below. It is the single most important document in this case. It will be referred to in some detail later in this judgment.

We now resume the narrative. In August 1985, appellant obtained judgment against Chan for the sum owed to it. It then commenced garnishee proceedings against the respondent to attach the sum of RM600,000 which it said was a debt owed by the respondent to Chan. The respondent denied that any sum w