JUDGMENT

Alwi Abdul Wahab J:

Introduction

[1] There are two applications filed before this Court: the 4th and 5th Defendants' application under Encl 209 and the 1st Defendant's application under Encl 213, both for determination of the Court on questions of law without going for full trial pursuant to O 14A and O 33 r 2 of the Rules of 2012 ("ROC") and if the said questions of law are determined in the Defendants' favour, the Plaintiff's Amended Writ and Plaintiff's Amended Statement of Claim both dated 26 February 2019 are to be struck out and the action therein be dismissed under O 18 r 19 of ROC.

[2] These two applications Encl 209 and Encl 213 were heard separately on different dates but for the purpose of this decision, it covers both as they are basically similar in substance and the same principles of law applied to both. I will start with Encl 209 first as it was filed earlier than Encl 213.

Enclosure 209

[3] By Encl 29 dated 27 October 2023 filed by the 4th and 5th Defendants, 2 questions of law were posed for the determination of the Court and it can be summarised as follows:

(i) Whether the Plaintiff's claim for NCR over the subject land ie Lot 9105 against the 1st to 5th Defen