JUDGMENT

Mary Lim Thiam Suan JCA:

Introduction

[1] The appellant were tenants of premises initially owned by the 1st respondent and then the 2nd respondent. A fire broke out on the premises which destroyed almost all the stocks and the building located on the premises. The respondents claimed that the fire was due to the negligence of the appellant, its servants or agents and it sued the appellant for losses allegedly sustained by reason of the fire. After a full trial, the learned judge found the allegations of negligence made out and allowed the losses, as claimed. The learned judge dismissed the counterclaim of the appellant for losses it had sustained in the fire.

[2] The appeal was allowed by this court after due and proper consideration of both written and oral submissions from the learned counsel for the respective parties and after careful examination of the records of appeal.

Background Facts

[3] The factual background have been well set out by the learned judge in her grounds of decision. We adopt them substantially but set out the following facts for easier and better appreciation of the reasons for our decision.