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1996 MarsdenLR 1178

COURT OF APPEAL KUALA LUMPUR
SOO HONG & LEONG KEW MOI & ORS – Appellant
Versus
UNITED MALAYAN BANKING CORP BHD & ANOR – Respondent


Petitioner Advocates:Gurbachan Singh ,Respondent Advocate: Hira Singh,Asbir Kaur

JUDGMENT

Abdul Malek Ahmad JCA:

[1] These appeals stem from an originating motion filed in the High Court at Ipoh (OM No 21-40-95) on 6 May 1995 by the first respondent in Civil Appeal No A-01-164-96 (hereinafter 'the first appeal') against the second respondent in that same appeal, who did not appear before us, for the following orders:

(a) that the second respondent acting on behalf of the State Authority do issue or cause to be issued individual subdivided issue documents of titles over the lands held as follows:

(hereinafter 'the parent titles') all in the Mukim of Kampar, Daerah Kinta, Perak and the charge presentation No 19782/82 Jilid 1351, Folio 33 dated the 15 October 1982 duly endorsed thereon pursuant to the second respondent's letter dated 13 January 1984 and hand them to the first respondent;

(b) further or in the alternative, the second respondent do cancel the memorials of surrender on the aforesaid titles and return the original issue documents of title to the first respondent together with all premiums and other charges totalling RM931,466.30 paid thus far with interest thereon.

[2] Since the second respondent in the first appeal was not before us and since the first res

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