JUDGMENT

Introduction

[1] This judgment is prepared and delivered pursuant to s 78(1) of the Courts of Judicature Act 1964, as our learned brother, Justice Abdull Hamid Embong FCJ has since retired. My learned brother Ahmad Maarop FCJ had read this judgment in draft and agreed that this judgment be our judgment.

[2] My learned brother Justice Abu Samah Nordin FCJ had also read the judgment in draft and agreed with the conclusion arrived at and is writing a supporting judgment.

[3] My learned sister Justice Zainun Ali FCJ is dissenting and she is writing a dissenting judgment.

Background Facts

[4] There are three appeals before this court. They are:

(a) Civil Appeal No: 01-27-04-2015(Q) (Appeal No: 27);

(b) Civil Appeal No: 01-30-04-2015(Q) (Appeal No: 30); and

(c) Civil Appeal No: 02-42-06-2015(Q) (Appeal No: 42).