A party without registered estate or interest lacks locus standi to remove caveats under s 177(1) of the Land Code.

Wong Siong Tung J

Introduction

[1] I heard the two suits namely Suit No. SBW-24-43/10-2022; Ling Hieng Tiong v. Hii Siew Ching (1st Suit) and Suit No. SBW-24-43/10-2022; Ling Hieng Tiong v. Hii Siew Ching (2nd Suit) at the same time.

[2] By the 1st Suit, the Plaintiff applies as against the Defendant for an order that :

(a) the Caveat Instrument No. L. 17123/2022 (1st Caveat) lodged by the Defendant against LDCAPITAL RESOURCES SDN. BHD. (CO. NO. 967948-P)'s undivided right title share and interest in Lot 33 s 21 Kuching Town Land District, Lot 71 s 21 Kuching Town Land District and Lot 72 s 21 Kuching Town Land District ("Lot 33, Lot 71 and Lot 72") registered at the Kuching Land Registry Office on 3rd day of August, 2022 be removed forthwith;

(b) a declaration that the Defendant has no caveatable interest on the Property; and

(c) the costs.

[3] By the 2nd Suit, the Plaintiff applies against the Defendant for an order that:

(a) the Caveat Instrument No. L. 11383/2022 (2nd Caveat) lodged by the Defendant against TING HUANG ENG (F) (WN KP No. 500810-13-5304)'s undivided right title share and interest in Lot 1769 Block 16 Seduan Land District ("Lot 1769") registered at the Sibu Land Registry Office on 29th day of July, 2022 be removed forthwith;

(b) a declaration that the Defendant has no caveatable interest on the Property;

(c) the costs of and incidental to this application to be paid by the Defendant; and

(d) the Honourable Court make any such further order as it deems fit and proper in the circumstances.

Brief backgrounds and the caveats

[4] The Plaintiff and the Defendant are husband and wife. Their marriage has run into problems. They are now engaging in divorce proceedings pending before the Court seemingly fighting also over division of matrimonial properties alleged.

[5] The Defendant lodged the 1st Caveat registered on 3 August 2022 against Lot 33, Lot 71 and Lot 72 for which LDCAPITAL RESOURCES SDN. BHD. has been the registered proprietor.

[6] The 1st Caveat was lodged by virtue of a Statutory Declaration made by the Defendant on 18 July 2022.

[7] By the Statutory Declaration, the Defendant claimed that the Plaintiff has purchased from LDCAPITAL RESOURCES SDN. BHD. a unit of apartment described as Parcel No. B-2-22A built on part of Lot 33, Lot 71 and Lot 72 developed by the latter.

[8] By the Statutory Declaration, the Defendant also asserted that she was entitled to the said unit of the apartment as it was acquired during her marriage with the Plaintiff and with her contribution as she alleged vaguely for which she asserted that it is subject to order of division by the Court in the divorce proceedings.

[9] The 2nd Defendant lodged the 2nd Caveat registered on 29 July 2022 against Lot 1769 which one TING HUANG ENG has been the registered proprietor.

[10] The 2nd Caveat was also lodged by virtue of a Statutory Declaration made by the Defendant on 19 July 2022.

[11] By the Statutory Declaration, the Defendant claimed that the Plaintiff has been the beneficial owner of Lot 1769 based on an Assessment Rates Bill issued to the Plaintiff by Majlis Perbandaran Sibu.

[12] By the Statutory Declaration, the Defendant also asserted that she was entitled to Lot 1769 as it was also acquired during her marriage with the Plaintiff and with her contribution for which she also asserted it is subject to order of division by the Court in the divorce proceedings.

Locus Standi To Make The Application

[13] The Plaintiff's applications to remove the caveat are said to be made under s 177(1) of the Land Code (Sarawak Cap 81) which is reproduced as follows:

Procedure For Removal

177. (1) Any registered proprietor or any other person having a registered