Abdul Kadir Sulaiman JCA:

We had on 29 January 2004 allowed the appellants' appeal with costs and ordered that the caveat lodged on the land by the respondent on 1 October 1993 be removed forthwith. We now give our reasons for doing so.

First, we state the background facts leading to the respondent to lodge a caveat on the land. The first appellant, Koperasi Wanita Sarawak Berhad had by letter of application dated 23 November 1979 applied to the relevant authorities for the alienation of 36 acres of land under Lots 150, 149, 1677, 1693, 1695 and part of Lot 51 Miri Concession Land District ("the land").

By a Trust Deed dated 18 June 1981 ("the trust deed"), the first appellant declared itself as the trustee in the application letter to the relevant authorities for alienation of the land in trust for the parties and in the proportionate shares as stated in schedule one of the trust deed. There are 9 beneficiaries under the trust deed. The respondent, Robert Sim Teck Hock had a 15% beneficial interest, Helena Vida Bayang had 5% beneficial interest and Jorkinah bt. Hashim also had 5% beneficial interest.

We note from the trust deed found at pp. 106 to 109 of the appeal record