Abdul Aziz Mohamad JCA:

[1] This appeal, which we unaminously dismissed, questioned the validity of a citation issued on 29 November 2000 under O. 72 r. 7 of the Rules of the High 1980 . The state of affairs and the events that necessitated and led up to the issue of the citation are set out in the grounds of judgment of my learned brother, Zulkefli Makinudin JCA, with which my learned brother, James Foong JCA, associates himself.

The Need To Enter A Caveat

[2] Although the question about the need to enter a caveat was raised in the appellant's Skeletal Submission, it was raised merely as a point of appeal, that is, it was not argued, and in his oral submission in the appeal the appellant's counsel did not submit on the question, except to answer a question on the subject from my learned brother James Foong JCA at the close of the submissions. I therefore believed that the appellant was no longer pursuing the question and that it did not need to be decided. But since Zulkefli Makinudin JCA has dealt with the question, I will simply say that I, too, am of opinion, and for the reasons given by my learned brother, that there is no requirement in the Rules for the entry of a cave