JUDGMENT

(Enclosure 1 - Os By Plaintiff To Remove Caveat)

Christopher Chin Soo Yin J:

Brief Facts

[1] The Plaintiff sought in Enc 1 for an Order of this Court to remove the caveat presented by the Defendant and subsequently registered by the Land Office over Lot 3344 Block 13 Seduan Land District, with an intermediate terraced dwelling house thereon ("Lot 3344") by the Registrar of Land and Surveys, Sibu.

[2] The Plaintiff and one Ching Kuok Fei (D) acquired Lot 3344 in equal undivided shares. The said Ching Kuok Fei (D) died at age 35 (due to Burkitt Lymphoma) on the 15 July 2021. Just before he died, he executed a memorandum of transfer over his half share in favour of the plaintiff but such transfer could not be registered because of the caveat by the Defendant.

[3] Two days before passing away the said Ching Kuok Fei (D) made a Will on the 13 May 2021 where be bequeathed his half share in Lot 3344 to the Plaintiff. It is pertinent to note here that in para 11 of the AIO of the Defendant, it was conceded that the Deceased was compos mentis on the day the Will was given, that is on the 13 July 2021:

"11. On the 13 July 2021 the deceased has complained of abdominal pain and he was alert