JUDGMENT

Mohd Ghazali Yusoff JCA:

[1] This dispute revolves around a piece of land held under Native Title No. 213044378 situated at Kg. Nosoob in the district of Penampang, Sabah measuring slightly over 5 acres (hereafter referred to as "the said land").

[2] Balantai bin Sinangau, deceased (hereafter referred to as "the deceased"), the plaintiff in the court below was the former registered owner of the said land. In the course of the trial his daughter, Lovintih bte Balantai @ Betty was substituted as plaintiff by order of the court on 20 July 2000 (the respondent in this appeal). The judgment of the court below in this suit was delivered on 26 July 2000.

[3] Yeo Kee Seng, the 1st defendant in the court below and who is not a party to this appeal, became the registered owner of the said land on 8 November 1993 (hereafter referred to as "YKS").

[4] Naman bin Dalu @ Jamesoon, the 2nd defendant in the court below and who is also not a party to this appeal, was the former attorney of the deceased in respect of the said land and at the material time was an employee of YKS (hereafter referred to as "Naman") .

[5] The Assistant Collector of Land Revenue, Penampang, who was the 3rd defendant in