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HIGH COURT MALAYA SUNGAI PETANI
YAP BOON HAW – Appellant
Versus
LIM KOOI CHOY & ORS – Respondent
| Table of Content |
|---|
| 1. nature and lodgement of caveats (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiff's allegations against defendants (Para 9 , 10 , 11 , 12) |
| 3. defendants' position on caveats (Para 13 , 14 , 15 , 16) |
| 4. clarification on caveat implications (Para 17 , 18 , 19 , 20 , 22) |
| 5. court's reasoning on plaintiff's claims (Para 23 , 24) |
| 6. 3rd defendant's lack of involvement (Para 25 , 26) |
| 7. final orders and decisions (Para 27) |
Introduction
[1] Enclosure 1 is the Plaintiffs application for a series of orders in respect of three caveats lodged on land held under the description of GM 15025, Lot 8942 s 36 (HS(M) 13753, PT No 5506), Bandar Kulim, Daerah Kulim, Negeri Kedah (Land).
[2] After careful consideration of the cause papers and both the written and oral submissions, this Court dismissed encl 1. The following are the reasons for the decision.
Background Facts
[3] The Plaintiff and the late Yap Kee Seng (YKS) are co-owners of the Land. YKS's 1/z share was transmitted to Yap Boon San, his administrator.
[4] The 2nd Defendant lodged a private caveat on 29 October 2014 vide Nombor Perserahan 1331/2014. This caveat lapsed after 6 years.
[5] The First Defenda
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