JUDGMENT

Siti Norma Yaakob CJ (Malaya):

[1] I associate myself with the reasonings and findings of my brother judges, Abdul Hamid Mohamad, FCJ and Steve Shim Lip Kiong, CJSS, and concur that both the appeals be dismissed with half costs to be taxed and be paid by the appellant and the deposits be paid out to the respondent to account of his taxed costs in both appeals.

Steve Shim CJ (Sabah & Sarawak):

[2] I agree that for the reasons stated by my noble and learned brother Abdul Hamid Mohamad FCJ, the appeal should be dismissed with half costs to the respondents. I may add that I agree entirely with his Lordship's observation that the Court of Appeal is bound by the doctrine of stare decisis to follow the "real danger of bias" test for recusal adopted by the Federal Court in Majlis Perbandaran Pulau Pinang v. Sykt. Berkerjasama-sama Serbaguna Sungai Gelugor [1999] 3 CLJ 65 and Mohamed Ezam bin Mohd Nor & 4 Ors v. Ketua Polis Negara [2001] 4 CLJ 701. It is axiomatic to state that the doctrine of stare decisis has become the cornerstone of the common law system practised in this country. It is fundamental to its existence and to the rule of law. It has attained the status of immutabil