Chong Siew Fai FCJ:

[1] By an origanating summons the plaintiff sought against the 1st and the 2nd defendants the following relief:

(a) a declaration that the plaintiff was the lawful owner of the following 13 lots of land in the Mukim of Seremban:

(b) a declaration that the lst and the 2nd defendants did not possess any interest in the said above 13 lots;

(c) for an order to change or alter ("untuk mengubah") the prohibitory order dated 10 August 1990 against the said above 13 lots; and

(d) for an order that the 1st defendant or the Assistant Registrar of the Court transferred the ownership of the said above 13 lots to the plaintiff as the lawful owner.

[2] After hearing Counsel for both sides and considering the evidence adduced, the learned trial Judicial Commissioner dismissed the application. (See [1993] 4 MLRH 778, [1994] 4 CLJ 113). At the concluding part of his grounds of judgment he said:

In my view, the second defendant was entitled to obtain the prohibitory order in the circumstances and the plaintiff could not seek the re-transfer of the land to him without first satisfying the judgment sum. Having so considered the matter, I dismissed the plaintiff's application with