JUDGMENT

Abdul Rahman Sebli JCA:

Introduction

[1] The question of law for which leave to appeal had been granted for this court's determination is as follows:

"Whether it is incumbent on the solicitor at the time of the execution of a disclaimer by his client to disclose the material facts which affect or may affect the decision of his client."

[2] The issue concerns a solicitor's duty to disclose material facts to his client. We heard arguments on 11 May 2016 and reserved judgment to a date to be fixed. We have now reached a unanimous decision and this is our judgment. For convenience, we shall refer to the parties as they were in the High Court, namely the appellant as the plaintiff and the 1st and 2nd respondents as the 1st and 2nd defendants respectively. The suit against the 3rd defendant was not pursued by the plaintiff as he could not be traced. He is not a party to this appeal.

The Plaintiff's Claim