Plaintiff claimed against 1st and 2nd Defendants for the following reliefs:

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A declaration that the plaintiff is the registered proprietor of Lot 2112 situate in Lambir Land District.

A rectification of the register at Miri Land Registry to show Plaintiff as the registered proprietor.

the return of original Issued Document of Title ("IDT") by 1st Defendant 85 2nd Defendant to Plaintiff

damages for fraud/breach of contract.

The brief facts of the case are as follows: The Plaintiff borrowed money on piece meal basis from the 1st Defendant which the plaintiff claimed totalling RM220,000.00 from on or about 1996 for his hardware retail business. In consideration thereof the Plaintiff deposited two (2) IDTs for two pieces of land that is Lot 2112 & Lot 2113 in the Lambir Land District with the 1st Defendant. The Plaintiff also alleged that he executed in escrow two (2) sets of Memorandum of Transfer ("MOT") in favour of the 1st Defendant for the two pieces of land and these were kept at the solicitor's office of Jimmie Ting. The term of the borrowing, among others, was that in the event Plaintiff unable to pay back the loan the two pieces of land would be transferred to the 1st Defendant. If

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the loan is paid in full, then both titles to the land would be returned to the Plaintiff. Plaintiff claimed that he had paid the loan in full to the 1st Defendant, that is the sum of RM220,000 through Mr. Bong & Co., Advocates. But 1st Defendant only returned one IDT through Mr. Bong office - i.e. IDT to Lot 2113. On 25/8/2000, Plaintiff discovered that Lot 2112 had been transferred to the 2nd Defendant. Plaintiff alleged 1st & 2nd Defendants perpetrated fraud on the Plaintiff by the transfer of Lot 2112 to the 2nd defendant. Plaintiff caveated the land (i.e. Lot 2112) on 30.8.2000 vide instrument L8544/2000 and registered on 8.9.2000. Plaintiff also alleged collusion, connivance and conspiracy by 1st Defendant and the lawyers as to the transfer and there was a total failure of consideration.

In his defence the 1st Defendant admitted the depositing of two IDTs in respect of Lots 2113 & 2112 as security for the loan taken by the Plaintiff. But the 1st Defendant alleged that the total borrowing by Plaintiff was in excess of RM220,000.00 and that the Plaintiff did not execute the MOT in blank. 1st Defendant also alleged that the Plaintiff did not repay the loan in full. 1st defendant further said that upon payment of the sum of RM220,000.00 by the plaintiff, the 1st defendant partially withdrew the caveat which he had entered on both parcels of land

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to enable lot 2113 to be returned to the plaintiff. 1st defendant also denied any allegation of fraud, conspiracy or collusion. 1st defendant also said that the MOT for the transfer of Lot 2112 to the 2nd defendant was prepared by Mr. Jimmie Ting, an advocate, and for a consideration of RM30,000.00.

The 2nd Defendant in her defence said that she knows the Plaintiff; but denied having any knowledge of dealings between Plaintiff and 1st Defendant. She further said that she was bona fide purchaser and she paid cash for Lot 2112 the amount of which was stated in the MOT. The 2nd defendant also counterclaimed against Plaintiff for removal of the caveat on lot 2112 and for damages.

At the commencement of the hearing the following bundles were marked:

i. bundle of pleadings dated 20.5.2003 marked as

"Exhibit A" ii. bundle of Agreed Documents dated 9.3.2002 marked

as "Exhibit B" iii. bundle of Disputed Documents dated 27.5.2003

marked as ""Exhibit C"

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The Evidence:

The plaintiff called four witnesses, namely the plaintiff himself (PW1), Bong Ah Loi (PW2) a lawyer, Joseph Chai (PW3) a professional valuer and Yong Kiam Yit (PW4) the purchaser of lot 2113 who is also the brother of the plaintiff.

In his testimony PW1 (the plaintiff) said he knew 1st Defendant and had borrowed money from him on several occasions between 1996 -1997. Each time PW1 said he borrowed an amount not exceeding RM10