J U D G M E N T

Introduction

Both these suits were taken out on 22 February 1979 and were tried together because a lot of the facts are common to both. However, since the narration of the events of Civil Suit No. 352 of 1979 (Suit 352) ends earlier I will consider and decide on Suit 352 first but only in relation to the claim of the Plaintiffs and not the counterclaim of the Defendants against the Government of the State of Sabah.

SUIT 352

The Plaintiffs in this suit are the Sabah Foundation ("Sabah Foundation") and Seranum Sdn. Bhd. ("Seranum") while the Defendants are Datuk Syed Kechik Bin Syed Mohamed ("DSK") and Banita Sdn. Bhd. ("Banita"). As against DSK the Plaintiffs claim:

a. a declaration that DSK is accountable to the Plaintiffs for all profits made in respect of a special timber licence;

b. a declaration that DSK is accountable to the Plaintiffs for the profit which would have accrued to the Plaintiffs if the said licence had been issued to them;

c. an account of profits, loss profits and an order for payment; and

d. damages

while the claim against Banita is for:

a. a declaration that they hold and have at all times held the said licence as constructive trustees for t