Cheang Sunny v Ramanathan Chettiar

• Jurisdiction: Singapore
• Judgment Date: 16 February 1948
• Date: 16 February 1948
• Docket Number: Case No. 194
• Court: Supreme Court (Singapore)

Singapore Colony, Supreme Court.

(Thorogood, J.)

Case No. 194

Cheang Sunny

and

Ramanathan Chettiar and Others.

Belligerent Occupation — Judicial Functions of Occupant — Dismissal of Action for Want of Prosecution — Regularity — Recognition of Order after Resumption of Control by Legitimate Sovereign — Japanese Occupation of Singapore.

Belligerent Occupation — Courts Set Up by Occupant — Validity of Orders Made by Occupant's Courts — Order Dismissing Civil Proceedings for Want of Prosecution — Japanese Judgments and Civil Proceedings Ordinance, 1946 — Law of Singapore Colony.

The Facts.—In 1940 the applicant in this case, Cheang Sunny, commenced an action (Civil Suit No. 149 of 1940) against the defendants, of whom one was Cheang Soon Wah, now deceased. During the Japanese occupation of Singapore Colony the defendants were successful in applying to the Japanese Court for an order by which the action instituted by the applicant was dismissed for want of prosecution. It was agreed by the parties to the present case that the order of the Japanese Court was a final and not an interlocutory order. After the resumption of British control in Singapore Colony the Legislature enacted the Japanese Judgments and Civil Proceedings Ordinance (No. 37 of 1946)...