Introduction:

Before me is an application (Enclosure 3) by the Plaintiff made under Order 89 of the Rules of the High Court 1980 (the Rules). The order sought for is that the Plaintiff should recover possession of the landed properties known as CL 085327180 (applied under P.T. 90080866) (the first piece), CL 085321633 (applied under P.T 87081237) (the second piece) and CL 085327199 (applied under P.T. 90080863) (the third piece) (collectively referred to herein as the 'said lands') all situated at Luangmanis, Labuk Sugut, Sandakan, Sabah, Malaysia. The reason for the Plaintiff in asking for such an order is that he is entitled to possession being the registered owner and that the persons in occupation are there without licence or consent.

The Defendants are disputing the claim of the Plaintiff. Accordingly both sides have filed several affidavits. For the Plaintiff there is the first affidavit in support affirmed by the Plaintiff on 06.04.1999 (Plaintiff's first affidavit). The Defendants filed their respective affidavits in opposition and all affirmed them on 18.06.1999. For the 1st Defendant it is Enclosure 14 (1st Defendant's affidavit), the 2nd Defendant it is E