JUDGMENT

Zakaria Yatim FCJ:

This is an appeal against the majority decision of the Court of Appeal (Mokhtar Sidin, JCA dissenting) which confirmed the decision of the learned High Court judge.

The appellant and the respondent were partners of a firm of solicitors. There were differences between the two partners and on 15 October 1996 they dissolved the partnership. After that they entered into negotiations to settle their differences in the form of a written agreement. The only issue before the learned judge was whether an agreement had been concluded between the parties. After considering all the correspondence and other documents before him, the learned judge decided that no agreement had been concluded. The Court of Appeal, by a majority decision, confirmed the decision of the High Court.

In order to determine this appeal, it is necessary to examine the correspondence and the other documents.

On 24 June 1996 the respondent's solicitors, Messrs. R.R. Sethu (Messrs. Sethu) wrote to the appellant's solicitors, Messrs. Murthi & Partners (Messrs. Murthi) informing them that "As the outstanding dispute is the service of the notice, Max Yong of Kiru & Yong, the solicitor who drew up