Richard Malanjum JC:

This is an application by the plaintiff by way of originating summons for the following relief, namely:

1. A Declaration that the plaintiff is the Administrator of the estate of Ting Chung Ho (Deceased), which includes all that 100/800ths undivided right title share and interest in each of the following two parcels of land:

(a) all the parcel of land situated at Sungai Ketup, Samarahan River Asajaya, containing an area of 114.93 hectares, more or less, and described and comprised in Kuching Lease of Crown Land No. 1951; and

(b) all that parcel of land situated at Sungai Ketup, Samarahan River Asajaya, containing an area of 57.8 hectares, more or less, and described as Lot 2170, Block 59, Muara Tuang Land District and comprises in Kuching Lease of Crown Land No. 1959

(hereinafter jointly referred to as "the said Land");

2. A Declaration that as Administrator, the plaintiff has to administer the Estate of Ting Chung Ho (Deceased) as in accordance with s. 17 of the Administration of the Estates Ordinance (Cap. 80); and

3. A Declaration that the plaintiff as Administrator has the right to the possession of the documents of title and the quit rent booklets of the said Land; and

4. An Order that the defendants, either by themselves or by their agent or Advocates, Messrs. Tiong, Lim, Wong & Co. Advocates of Kuching, surrender the documents of title and the quit rent booklets to the said Land in order that the plaintiff may carry out his duties as the Administrator of the said Estate; and

5. A Declaration that the defendants do not have any caveatable interest over or against the said Land or any part thereof;

6. An Order that the defendants forthwith remove the Caveat registered as Instrument No. L. 182/1992 at the Samarahan Land Registry Office lodged against the said Land;

7. An Order that the defendants do pay the plaintiff for special damages of Hong Kong Dollar of Seven Thousand Four Hundred and Twenty (HK$7,420) only;

8. An Order for general damages to be assessed against the defendants for having wrongfully caveated the said Land;

9. Costs; and

10. Further or other relief as this Honourable Court deems fit and just.

At the commencement of the hearing learned Counsel for the defendants conceded for the relief under prayers 1 to 4 to be made in favour of the plaintiff.

But learned Counsel for the defendant also raised a preliminary objection with regard to the locus standi of the plaintiff in making the application to remove the caveat lodged against the said Land pursuant to s. 177(1) of the Sarawak Land Code (Cap. 81) (hereinafter called "the said Code").

It is not in dispute that the plaintiff is only the administrator of the estate of Ting Chung Ho (deceased) by virtue of the Letters of Administration dated 3 June 1992 issued by the office of the Public Trustee Sarawak at Kuching. It is also not in dispute that prior to his death the deceased was the registered co-proprietor of 100/800ths undivided right title share and interest in the said land.

The defendants are and were the co-proprietors of the said land.

Prior to the granting of the Letters of Administration to the plaintiff the former administrator of the estate of the deceased was one Teng Hung Sing. But on the 27 April 1992 the application for revocation of the Letters of Administration including the supplementary Letters of Administration to the said Teng Hung Sing was granted. Subsequently the plaintiff became the new administrator of the estate of the deceased.

The plaintiff alleged that sometime at the beginning of July 1992 he received a notice from the Assistant Registrar of the Samarahan Land Registry given under s. 176 of the said Code that the defendants have lodged a caveat vide Instrument No. L. 182/1992 dated the 17 February 1992 against the said Land. The basis of the said caveat was an agreement dated 12 January 1987 entered into between the defendants and third parties and the said Teng Hung Sing while