Hj. Abdul Kadir bin Sulaiman J:

This is an application by the applicant for an order that her caveat against a parcel of land known as Lot 678, Block 12, Muara Tebas Land District ("the said land") should not lapse and should remain until further order of this Court. As a registered proprietor and by virtue of a statutory declaration the applicant caveated various parcels of her land. One of the parcels of land in question is the said land. The caveat was registered at the Kuching Land Registry Office on 30 January 1992 as Instrument No. L. 1527/1992 ("the said caveat"). This application is made in consequence of her receipt of a notice by the Assistant Registrar, Land and Survey Department, Kuching pursuant to s. 178 of the Sarawak Land Code (Cap. 81), ("the Code") giving her the required 3 months notice wherein after the lapse of the said period, in so far as it affects the said land, the said caveat shall be deemed to have lapsed and the said caveat shall be removed.

In order to succeed in her application, the applicant must establish that she has a caveatable interest over the said land. Section 173 of the Code states as follows:

173. Any person:

(a) claiming to be