JUDGMENTBY: EDGAR JOSEPH JR FCJ (DELIVERING THE JUDGMENT OF THE COURT)

EDGAR JOSEPH JR FCJ (DELIVERING THE JUDGMENT OF THE COURT) This appeal arose out of an unsuccessful chargors application by way of summons in chambers to set aside an order for sale made pursuant to s 256(3) of the National Land Code 1965 (the Code) of certain charged land comprised in temporary certificate of title No HS(D) 6287/86 PT No 2695 (plot no 1723) mukim Sungei Pasir, daerah Kuala Muda, Kedah (the land) and consequential orders which included an order for vacant possession, on the ground that they had not received prior notice of the date of adjourned hearing of the chargees application to enforce the charge concerned (the charge), contrary to O 83 r 2(4) of the Rules of the High Court 1980 (the RHC 1980).

The history of the matter which called for the consideration of the court may be shortly stated.

As already noted, the chargees who are the first respondents to this appeal had, on 8 March 1991, pursuant to s 256(2) of the Code, commenced proceedings by way of originating summons in the High Court, holden at Penang, to enforce the charge created in their favour by the chargors, who are the appellants

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