[1] This is an appeal against the concurrent findings of the High Court and the Court of Appeal allowing the respondent's claim against the appellant vide encl 62, pursuant to O 14A of the Rules of the High 1980 (RHC). The appellant before us is one Samuel Naik Siang Ting who was the 1st defendant at the High Court while the respondent is Public Bank Berhad who was the plaintiff there.

[2] Leave to appeal to this Court was granted to the appellant and two others, namely - Lee Soo Eng and Ti Moek Hua, on 19 June 2013. However, notice of appeal was filed only by the appellant. The others had not filed their notices of appeal and did not appear in Court during the hearing of the appeal before us. Therefore, their appeals are deemed discontinued.

Factual Background

[3] This matter was dealt with summarily under O 14A of the RHC. Based on the Statement of Agreed Facts the factual background leading to the present appeal before us are as follows.

[4] At all material time, Majlis Perbandaran Manjung (MPM) (the 6th defendant at the High Court) was the registered proprietor of a piece of land held under master title HS(D) Dgs 11103, PT No 4108, Mukim Sitiawan, District of Manjung