JUDGMENT

Shaik Daud Ismail JCA:

This is an appeal against the decision of the High Court which had allowed an application by respondent to cross-examine one Harunarashid bin Haji Salleh who had affirmed an affidavit dated 6 December 1994, in support of the appellants' application for leave to intervene in a suit between the respondent, The Railway Co-operative Multi-Purpose Society Ltd (RCMPS) and Koperasi Belia Nasional Berhad (KOBENA).

The background leading to the filing of the said affidavit are that RCMPS had filed a suit against KOBENA in 1989 claiming a sum of RM3,200,731.63 with interest owed by KOBENA. On 1 April 1992 a consent judgment for this sum was entered against KOBENA. When KOBENA failed to settle the judgment sum, RCMPS applied to the court to enforce the judgment dated 1 April 1992, by attaching certain shares belonging to KOBENA. The application was heard by the senior assistant registrar and was dismissed. Thereupon RCMPS applied ex parte and obtained a mareva injunction against KOBENA on 17 October 1994. The mareva injunction was served on the appellants as the appellants held shares and other assets belonging to KOBENA. On 6 December 1994 the appellants appl