Vernon Ong FCJ:

Introduction

[1] In this appeal, the Federal Court was called upon to consider the following question for which leave was granted pursuant to s 96 of the Courts of Judicature Act 1964:

Whether an administrator of a deceased's estate has the locus standi to bring an action to remove a caveat lodged against a parcel of land under the estate pursuant to s 177 of the Land Code (Cap 81) having regard to s 218 of the Land Code (Cap 81), ss 15 and 17 of the Administration of Estate Ordinance (Cap 80) and s 8(1) of the Civil Law Act 1956 ?

[2] This question of law relates to the legal right of an administrator of an estate to apply to remove a caveat on a parcel of land belonging to the estate under the Sarawak's Land Code (Cap 81) ('the Sarawak Land Code'). It is sufficient for the purposes of this appeal to state the following salient facts.

Salient Fact

[3] The appellant was appointed as the administrator of his late father's estate pursuant to Letters of Administration granted to him on 27 September 2010. During his lifetime, the appellant's father who was the registered owner of two parcels of land entered into a sale and purchase agreement to sell the said lands to