JUDGMENT

Azrol Abdullah SCJ:

A) Introduction

[1] This case involves a dispute regarding the transfer of ownership over two parcels of land (the said lands) which were allegedly sold by the defendant before the Merdeka Day. At first blush, the overall facts of this case were interesting. The meandering facts of this case bid for the fullest comprehension of this court.

[2] This judgment is prepared pursuant to an appeal filed by the proposed intervener (the applicant) to the High court following the applicant's dissatisfaction over my decision in dismissing the applicant's application at encl 32.

[3] Enclosure 32 is an application filed by the applicant seeking leave from this court to intervene in the main action. There were three arguments raised by the applicant in his submission. Out of three, only one crucial argument was raised by the applicant that exposed the Achilles heel of encl 32 which moved this court to dismiss encl 32, ie the lack of jurisdiction of this court.

[4] The applicant was right in saying that this court was prevented from dealing with this case by s 69 of the Subordinate Courts Act 1948 ( SCA 1948). Therefore, I dismissed the applicant's application at encl 32