JUDGMENT

Lim Hock Leng J:

Subject Matter And Nature Of Claim

[1] The subject matter of the proceedings is a parcel of land held under PL 126290828, measuring 5.478 hectares (13.53 acres) more or less, situated in Kampung Bubul Lama, Semporna, Sabah. It will be referred to as "the land".

[2] The plaintiff's case is that he bought the land from one Sangkang Abu Saman in 1987. Broadly, he sought specific performance of an agreement between Sangkang and himself, as well as declarations and orders which would lead to the transfer and registration of the land in his name.

Timeline Of Events

[3] The plaintiff referred to and relied on the surat perjanjian dated 30 March 1987, exh P1 - originally CBOD Part C, p 1.

[4] Although Sangkang acknowledged receipt of RM300 as "wang pendahuluan", and was described as tuan pemilik tanah and also as "penjual tanah LA 79120068," the land had not yet been alienated at that point in time and "harga tanah belum lagi ditentukan." It was still a State land. Sangkang's interest in the land was contingent on the approval of his land application, LA 79120068.

[5] On 11 November 1987, the plaintiff became the donee of a power of attorney ("PA") given by Sangkang who w