Richard Malanjum JCA:

[1] There are two appeals before us. One appeal (W-02-76-2005) (the appeal proper) is by IIUM Education Sdn Bhd (IIUM) against the Order made by James Foong Cheng Yuen J (as he then was) (the first learned High Court Judge) of the Kuala Lumpur High Court given on 31 December 2004 (the Removal Order) allowing the application by FIT Teknologi Federal Sdn Bhd (FIT) to remove the caveat lodged by IIUM on a parcel of land measuring approximately 4 acres held under Title No HS (D) No 83192, Lot No 12734, situated in the Mukim and District of Kuala Lumpur, Wilayah Kuala Lumpur (the said land). The other appeal (W-02-69-2005) (the stay appeal) is by the FIT against the granting of stay of the Removal Order (the Stay Order) given by Abdul Malik Ishak J (as he then was) (the second learned High Court Judge) of the Kuala Lumpur High Court on 17 January 2005.

[2] When the stay appeal came up for hearing on 27 January 2005 this Court suggested and the parties agreed that the appeal proper should be heard first and to be followed by the stay appeal. Hence we proceeded to hear the appeals in that sequence.

[3] After hearing the parties in the appeal proper we dismissed