A. Introduction

[1] This appeal discusses the main issue of whether an execution creditor can lawfully seize and sell movable property in the possession of an execution debtor pursuant to a writ of seizure and sale issued by the Court (WSS) when the movable property does not belong in equity to the execution debtor (Main Issue).

B. Background

[2] We shall refer to parties as they were in the High Court (HC).

[3] Zanwa Sdn Bhd (Zanwa) owned a piece of land held under "Pajakan Negeri No 24314, Lot No 87991, Mukim Kelang, Daerah Kelang, Selangor" with a postal address at Lot No 41, Jalan Perigi Nenas 8/7, Pulau Indah Industrial Park (Phase 1 Westport 42920 Port Klang, Selangor Darul Ehsan (Land).

[4] Zanwa used the Land as a factory for its manufacturing and business operations.

[5] The Managing Director of Zanwa was Ir. Zainal Abidin Bin Haji Abdullah (Ir. Zainal).

[6] By way of a "Letter of Acceptance" dated 18 April 2011, the plaintiff company (Plaintiff) awarded a contract to Zanwa [Contract (Plaintiff-Zanwa)] whereby