Christopher Chin Soo Yin J:

Preliminary

[1] This is a writ action which has been winding its way through the Courts since 2018. When this matter came before me for the first time on the 13 February 2023 for pre-trial management I noticed that the facts of this case concerned certain fundamental principles of Sabah land law which if decided, may be capable of deciding this suit altogether without having to go for full trial. The Counsels for the parties agreed with my synopsis as follows as recorded in the Notes of proceedings on that day:

Court: I have read the pleadings in this case which essentially involved a successful bidder of auctioned land under s 111 of the Land Ordinance who is now faced with claims from occupants of the same land claiming rights of occupation by way of lease although such lease was not registered under the Land Ordinance. Am I