Peh Swee Chin FCJ:

[1] This appeal focuses on the validity of some assignment of some beneficial interest in an intestate's estate, the viability of a caveat the assignee lodged against the immovable assets of the estate and the effect of a Court's order that deals with such assets without reference to the said purported assignment.

[2] It will be necessary to set out briefly, the rather long and complicated facts of this case.

[3] The plaintiff/appellant claims that by virtue of two agreements read together constituting, an assignment made by one Yap Ah Looi (f), (hereinafter called the assignor) and the plaintiff/appellant, (hereinafter called the assignee), the assignor sold, transferred, assigned to the assignee all her interests, rights, benefits and claims respectively in the estates of her father, Yap Cheng deceased, (hereinafter the deceased father) and her mother, Ng Cheng Kim deceased, (hereinafter the deceased mother) for the price of RM15,000.

[4] The said agreements dated 1 April 1964 and 20 January 1965 are set out below in full:

THIS DEED OF ASSIGNMENT is made this 1 April 1964 between YAP AH LOOI @ YAP AH LAY of 60D off Campbell Road, Kuala Lumpur (hereinafter called the Assignor) of the one part, and KHAW POH CHHUAN of Kuala Lumpur (hereinafter called the Assignee) of the other part.

WHEREAS the assignor is one of the co-administrators of the Estate of Yap Cheng alias Yap Ching (deceased).

AND WHEREAS the said Yap Cheng (deceased) died intestate on this day of 20 December 1943, in the Federation of Malaya leaving surviving him the following persons:

(1) Ng Cheng Kim (f) widow since deceased.

(2) Ong Keow (f) widow since deceased.

(3) Yap Ah Looi (the Assignor)

(4) Yap Vui Kor

(5) Yap Ban Ler

(6) Yap Ban Lee

(7) Yap Ban Chuan

(8) Yap Hong Chu

(9) Yap Chin Toh

AND WHEREAS the Estate of Yap Cheng (deceased) consists of among other things moveable and immovable properties and several investments specified in the schedule annexed hereto (hereinafter called the said property).

AND WHEREAS the Assignor is entitled to a share in the said property under the estate of Yap Cheng (deceased) and a share under the estate of Ng Cheng Kim (deceased) in the said property.

AND WHEREAS the Assignor shall as soon as possible apply to the High Court.

Kuala Lumpur to wind up the Estates of Yap Cheng (deceased) and Ng Cheng Kim (deceased) and to distribute the said property to the abovementioned persons entitled to the said property including the Assignee.

AND WHEREAS pending the winding up and distribution of the said property the Assignor hereby agrees to assign sell and transfer all her right, interests, benefits and claims of whatever nature legal or equitable in respect of her share in the said property under the estates of Yap Cheng (deceased) and Ng Cheng Kim (deceased) to the Assignee free from all encumbrances for the sum of $15,000/-.

NOW THIS DEED WITNESSETH as follows:

1. In consideration of the sum of $6000 (Dollars six thousand only) now by the Assignee to the Assignor (the receipt of which sum the Assignor hereby acknowledges) the Assignor hereby sells, transfers and assigns all her interests, rights, benefits and claims whether legal or equitable in the estates of Yap Cheng (deceased) and Ng Cheng Kim (f) (deceased) to the Assignee absolutely free from all encumbrances at the price of $15,000/- (Dollars fifteen thousand only).

2. The balance sum of $9000/- shall be paid by the Assignee to the Assignor on or before 31 March 1965.

3. The Assignor undertakes to take all reasonable steps and actions to apply for Letters of Administration to the estate of Ng Cheng Kim (f) (deceased) and to wind up the affairs of the estates of Yap Cheng (deceased) and Ng Cheng Kim (f) (deceased) and to distribute the assets to the above beneficiaries excluding the Assignor but including the Assignee.

4. The Assignor undertakes to authorise any persons including the Court and the administrators to make payments in respect of her share under the estates of Y