[1] In this action the plaintiff is claiming for the return of her land that was sold to the third defendant and subsequently to the fourth defendant. In the alternative she is claiming for damages. The land was sold to the third defendant through a power of attorney that she had executed in favour of the first defendant. It is alleged that the first defendant and the second defendant had committed fraud by selling the land to the third defendant. The plaintiff had already entered judgment in default against the first and second defendants and the instant trial proceeded against the third and fourth defendants only.

The Brief Facts Of The Plaintiff's Claim

[2] The plaintiff (Rokiah bt Suhaili) testified on her own behalf and called one other witness. Her evidence can be summarised as follows. She is a native of Sarawak. She was the owner of a parcel of land known as Lot 451, Block 17 Salak Land District which is classified as native area land. It is 8,134 sq m in size. The first defendant (Emily Batu ak Bagang) is also a native of Sarawak. She tr