JUDGMENT

Hashim Yeop Sani SCJ:

The appellant is an advocate and solicitor and the respondents are a housing developer. The respondents retained the appellant as their solicitor on 10 April 1980. The respondents as plaintiffs in the Court below went before the learned Judge with an originating summons praying for an order that the appellant (defendant) deliver to the plaintiffs a list of all monies which have accrued as interest on the 5% of the purchase price which had been retained by him in respect of the sale of certain houses.

Before the learned Judge it was common ground that-

(a) the defendant is an advocate and solicitor;

(b) the plaintiffs were the developers and vendors of houses built on land held under EMR Nos. 490, 355, 266, 492 and Grant No. 1481 for Lot Nos. 388, 371, 420, 353 and 419 respectively in the mukim of Kamunting in the district of Larut & Matang in the State of Perak;

(c) the defendant was appointed as solicitor acting for the plaintiff company.

It was not disputed that 5% of the purchase price was retained by the appellant to be paid to the respondents as soon as the certificate of fitness was issued and that at some stage the certificate of fitness was in