[Enclosure 1 - Removal Of Caveat]

A. Introduction

[1] The Plaintiff, Zecon Demak Jaya Sdn Bhd applied for the caveat lodged by the Defendant vide Instrument No. L.5859/2012 registered on the 6 March 2012 at the Kuching Land Registry Office affecting Lot 462 Block 15 Salak Land District be forthwith removed.

[2] I have considered the arguments advanced by both parties and after perusing the affidavit evidence and the submissions filed herein, the Plaintiff's application as in paras 1, 2 and 3 of encl 1 is allowed with costs of RM5000.00, subject to the payment of an allocatur fee.

[3] Being dissatisfied with my decision, the Defendant filed this appeal.

[4] Below are the grounds for my decision.

B. Brief Background Facts

The Plaintiff's Application

[5] By the Plaintiff's Originating Summons [Encl 1] dated 12 June 2023, the Plaintiff is seeking, inter alia:

(a) an order to remove the Defendant's caveat In