JUDGMENTBY: GOPAL SRI RAM JCA, NH CHAN JCA, MOKHTAR SIDIN JCA

GOPAL SRI RAM JCA I have had the benefit of reading the draft judgment of my learned brother Mokhtar Sidin JCA and agree with his conclusions and the reasons for the same.

NH CHAN JCA I have had the advantage of reading the judgment of my lord Mokhtar Sidin JCA in draft and I agree with the reasons stated by him that the appeal be dismissed.

MOKHTAR SIDIN JCA The appellants, Madam Wu Shu Chen (the sole executrix of the estate of Goh Keng How, deceased) and Ho Choo Wing (Ho) being dissatisfied with a part only of the decision of the Court of Appeal given on 19 November 1996, have applied to the Federal Court for the following orders:

(1) That leave be given to the applicants by this honourable court to

appeal against such part only of the order of the Court of Appeal

dated 19 November 1996, whereby the Court of Appeal ordered that

the vesting order made by Abdul Malik Ishak J dated

12 June 1995 vesting the land Lot 3523, held under Grant No

21957, Mukim of Pulai, District of Johor Bahru, in favour of the

respondent herein be affirmed.

(2) That the applicants be given seven days from the date of this

order to file and serve the notice of appeal.

(3) That the costs of this application be costs in the cause.

(4) That this honourable court do grant such further or other relief

that it may deem fit and just to grant in the circumstances.

Background of the case

The case originated in the High Court at Johor Bahru where in Originating Summons No 24-440-1994 (see [1995] 3 MLJ 6 ), the respondent, Raja Zainal bin Raja Hussin, was granted leave to intervene and was made the first defendant and the appellant Ho, the second defendant. The plaintiff in the originating summons was originally one Goh Keng How (Goh), who died on 8 May 1995 at the age of 72 (see death certificate at p 592 of appeal record). After Gohs death, his wife Madam Wu Shu Chen was substituted as the sole executrix of his estate. She is the first appellant in this appeal in place of Goh, and Ho is the second appellant. Goh, on 14 January 1989, entered a private caveat Serial No 193/89 as the managing partner of Mingshu Syndicate claiming a caveatable interest in the land in question, ie Lot No 3523, Grant No 21957, Mukim of Pulai, District of Johor Bahru, measuring in area 399 acres 3 roods 20 poles (the land). Gohs caveat was subsequently extended by an ex parte order of court dated 20 June 1994 made in his application by way of the aforesaid originating summons. Ho also entered a private caveat Serial No 6759/94 on 20 June 1994 against the land as a partner of Mingshu Syndicate. The respondent, after he (in prayer 1) and Ho (in prayer 2) had been made parties to the said Originating Summons No 24-440-1994 upon the respondents application, sought the following orders (appeal record pp 104-105), supported by his affidavit of 16 July 1994 (appeal record pp 297-304):

...

(3) The ex parte order dated 20 June 1994 granted by Arifin Jaka J

under this originating summons extending the private caveat

registered under Serial No 193/89, Jilid 352, Folio 86 (the

private caveat), entered by the applicant Goh Keng How against

the land be set aside and the private caveat be removed forthwith

by the registrar of titles.

(4) In the event prayer (2) is granted, the private caveat registered

under Serial No 6759/94, Jilid 895, Folio 58 entered by the

second defendant, Ho Choo Wing, against the land be forthwith

removed by the registrar of titles.

(5) Damages/compensation be assessed and paid by the applicant Goh

Keng How, and the second defendant, Ho Choo Wing, to the first

defendant, Raja Zainal Abidin bin Raja Hussin under s 329 of the

Nation

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