JUDGMENT

Mahadev Shankar JCA:

Only two submissions were made before us by the appellant. The first was that this Court could not reverse the decisions of the Privy Council and therefore that South East Asia Fire Bricks v. Non-Metallic Mineral Products Manufacturers Employees Union & Ors. [1981] AC 363 was still binding on us and Syarikat Kenderaan Melayu Kelantan Bhd. v. Transport Workers Union [1995] 2 CLJ 748 should be ignored as being ultra vires.

My learned brother Abdul Malek Ahmad JCA has dealt with this aspect of the matter in some depth and I do not need to say anymore about it except that there are exceptions even to the rule that the Court of Appeal is bound to follow its own decisions: See Hendry v. De Cruz [1949] MLJ Supp. 25 at p. 27.

The second submission poses the question whether the Ruler of the State of Pahang had the power to lease Sultanate lands to "a body of persons corporate" or a limited company like Sathask Realty Sdn. Bhd. ('Sathask').

Section 2 of the Pahang General Clauses Enactment No. 1 of 1897 reads:

2. In this Enactment and in every written law whether made before or after the commencement of this Enactment, unless there be something repugnant in