Introduction

[1] This is an appeal by the appellants (the defendants in the High Court) against the decision of the Court of Appeal in affirming the decision of the High Court. The Court of Appeal ruled that the title of the appellants is defeasible on the basis that the Power of Attorney that was used as authority to transfer the said land to the appellants is a forged instrument even though the land in question had been registered in the name of the appellants. That being the case, the Court of Appeal held that the appellants could not have acquired a valid title to the land.

Leave To Appeal

[2] This Court had, on 5 December 2012, granted leave to the appellants to appeal against the decision of the Court of Appeal on the following questions of law:

"(i) Whether bona fide purchasers for value and without notice, obtained good title to land immediately upon registration of the transfer under s 88 of the Land Ordinance (Sabah Cap 68) (" ") and is therefore an indefeasible registered interest in land?; and,

(ii) Whether the concept of deferred indefeasibility as adopted in Tan Ying Hong v. Tan Sian San & Ors, 2010 MarsdenLR 744 which was a case based on s 340 of t