Wong Kian Kheong J:

A. Background

[1] This case concerns a piece of Malay Reservation land held under title GM 1627, Lot 2331, 6 1/2 Mile, Ulu Gombak, Mukim Setapak, Gombak District, Selangor Darul Ehsan (Land).

[2] The Land was first registered on 13 December 1926 under the then Federated Malay States' Land Code [LC (FMS)] in the joint names of Puan Halus Bt. Jayan (Puan Halus) and Puan Sialus Bt. Haji Ayun (Puan Sialus).

[3] From 11 November 2001 to 18 March 2005, the third defendant (3rd Defendant) was the Malaysian Consul based at the Malaysian Consulate General in Medan, Indonesia (Medan Consulate General). In May, 2003, in the Medan Consulate General, the 3rd Defendant attested the execution of a transfer form of the Land (1st Form 14A) by two persons who claimed to be Puan Halus and Puan Sialus in favour of the first defendant (1st Defendant).

[4] On 14 August 2003, two persons who claimed to be Puan Halus and Puan Sialus, executed a power of attorney in Sungai Penuh, Jambi Province, Sumatera, Indonesia before NY. Yuhanis SH., "Ketua Pengadilan Negeri Sungai Penuh" (PA). The PA purportedly appointed the 1st Defendant to act for Puan Halus and Puan Sialus in Malaysia.

[5] A