JUDGMENT

Mohd Azmi FCJ:

On 22 April 1996, this Court had unanimously dismissed the plaintiffs' first appeal against an order of the High Court at Seremban dated 23 October 1993, which had set aside a judgment in default of appearance obtained by them against the defendants on 2 December 1991 (FCCA 02-669-1993) but had allowed their second appeal (FCCA 02-670-1993) against another order made in the same proceedings for the striking out of their entire writ under O. 18 r. 19 RHC in addition to the setting aside of the default judgment.

The subject matter in these appeals concerned a family dispute over the ownership and management of a sawmill in Tampin, which the plaintiffs' as administrators of the estate of Chin Sam Seong @ Chan Sam Seong, claimed to be part of the deceased estate, and therefore unlawfully managed by the defendants. The plaintiffs had filed on 9 November 1991 a writ of summons against the defendants without a statement of claim, but with the prayers for declaratory reliefs, injunction and damages endorsed. Apart from the default judgment, there was also an order made to assess damages although there was no existing order granting damages to the plaintiffs.

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