JUDGMENT

Celestina Stuel Galid J:

Introduction

[1] The present dispute involved the land held under Field Register Serial No FR 084006511 (Plan No 08123902) located at Kg. Kaniogan, Beluran, Sandakan ("the land").

[2] The Plaintiff was the registered owner of the land until 10 November 2003 when it was transferred from the 5th Defendant (as the Plaintiff's attorney) to the 3rd Defendant. The land was subsequently transferred from the 3rd Defendant to the 4th Defendant on 7 September 2015.

[3] The Plaintiff claimed that the transfer of the land to the 3rd Defendant was fraudulently made through the use of an alleged forged power of attorney dated 14 June 2001 ("the impugned PA") in favour of the 5th Defendant.

Background Of The Court Proceedings

[4] The Plaintiff's original action was against the 1st Defendant which was the sub-lessor of the land and the 2nd Defendant. The 1st Defendant applied to strike out the Plaintiff's claim on 14 January 2019 on the ground that it was time barred. The application which was dismissed by this Court was allowed by the Court of Appeal on 24 February 2021.

[5] Subsequently, both the 2nd and 4th Defendants also applied to strike out the Plaintiff's claim on