JUDGMENT

Richard Malanjum JCA:

Introduction

Before us is an appeal against the decision of the High Court sitting at Temerloh, Pahang granting the respondent the following orders, namely:

(1) The 2nd defendant (that is the Appellant before us) is to effect the retransfer of the land to the plaintiff failing which Assistant Registrar of High Court Temerloh shall execute all relevant documents necessary to carry out into effect the retransfer. The 2nd defendant shall repay the full consideration (RM32,000) for the sale of the land to the 2nd defendant. The interests 8% p.a. shall be imposed on the consideration from the date of transfer (6/6/83) to final payment.

(2) The 1st defendant shall pay the costs of this suit to plaintiff and 2nd defendant.

Unfortunately no written judgment was rendered by the learned judge prior to his retirement.

What we have before us now are the Notes of Proceeding and some of the documents tendered during the trial. Hence when the appeal came up for hearing we were tempted to promptly order a retrial.

But on further perusal of the Appeal Record and having heard the submissions of learned counsel for the parties including the fact that they left it to t