JUDGMENT

Ian HC Chin J:

Introduction

On 22 February 1979 two writs, Civil Suit No. 351 of 1979 and Civil Suit No. 352 of 1979, were taken out and I shall refer to them, the earlier as the Zara Suit and the other the Banita Suit. The Zara Suit was taken out by the Board of Trustees of the Sabah Foundation, Sinsuran Sdn. Bhd. and Seranum Sdn. Bhd. against Datuk Syed Kechik bin Syed Mohamed and Zara Sdn. Bhd. The claim in Zara Suit can be very briefly stated to be, as against Datuk Syed bin Kechik Syed Mohamed, for an account of profits and for an order of payment for losses and as against Zara Sdn. Bhd., an account of profits by a constructive trustee. As for the Banita Suit, it is a claim by the Board of Trustee of the Sabah Foundation and Seranum Sdn. Bhd. against Datuk Syed Kechik bin Syed Mohamed and Syarikat Banita Sdn. Bhd. for an account of profits in respect of certain timber concession. Seventeen years later, that is on 21 February 1997, the defendants in two suits took out separate applications to have the suits struck out under O. 18 r. 19 of the Rules of the High Court or under the inherent jurisdiction of the High Court, after the Court had fixed the two suits for trial.