Peh Swee Chin J:

This is an unusual case involving as it does, the consideration of principles upon which a private right of way may be granted against a landowner under the National Land Code.

It is an appeal against an order of the Collector of Land Revenue, Port Dickson, granting to the 2nd respondent (hereinafter called the Grantee), a private right of way over the piece of land, being Lot No. 293 (and more fully described in this originating motion), against the 1st appellant, its registered owner; 2nd appellant, its registered lessee; and 3rd appellant its registered chargee.

The Grantee's own land, being a kind of a second-layer land from the sea shore or foreshore, has no frontage to the sea shore and is sandwiched between the said Lot 293 on one side, and another piece of land belonging apparently to the Royal Malaysia Police Force, (hereinafter called the police land). The private right of way was granted over Lot 293 in which all the appellants are interested in the ways mentioned above.

It is common ground, that on 2 March 1982, the application for the private right of way was heard in the absence of those interested parties, save the Grantee and his Counsel,