Richard Malanjum J:

Introduction

This is an action commenced by the plaintiff as the administrator of the estate of his late father Ngui Tet Loi (the deceased) who passed away on 9 November 1986.

The subject matter of this action are four pieces of land, namely, CL115325721 measuring 15.08 acres; CL115325749 measuring 14.61 acres; PL116194140 measuring 11.25 acres and CL 115325758 measuring 14.91 acres. All these lands are situated at Lahad Datu (hereinafter collectively referred to as 'the said lands' where necessary). It is not in dispute that except for CL115325758 the rest of the said lands ('the acquired lands') are now registered in the name of the 3rd defendant since 17 October 1995 and the title deeds are in its possession as well.

The 1st defendant is dead and the estate for the purpose of this action is represented by Voo Yee Wei and Voo Min Wei, being the lawful sons of the 1st defendant. However nothing was done by the representatives to defend this action. And hence it was opened for the plaintiff to apply for a default judgment.

The Relief Sought By The Plaintiff:

The plaintiff prays for the following relief:

(a) A declaration that the transfer of the said Lands to the 1st Defendant and all subsequent dealings, transfers including registration to the 2nd and 3rd Defendants be declared null and void.

(b) That the issue document of title be delivered up to the 4th Defendant and that the registrar of title be rectified and that the name of the Plaintiff be endorsed on the Register Book and the Issue Document of Title.

(c) A declaration that the Plaintiff is entitled to the recovery of possession of the said Lands as against the 1st, 2nd and 3rd Defendants and all others deriving title from the 1st Defendant;

(d) Damages;

(e) Costs and any other relief as the Honourable Court deems fit and just.

The Defence

For the 2nd defendant basically her defence is that the 1st defendant owed her money in the total sum of RM160,000. Since the 1st defendant could not repay the loan the 2nd defendant was therefore given four title deeds with instruction to sell them and the proceeds to pay for the loan.

Whereas the 3rd defendant is resisting the claim by pleading inter alia, the defence of limitation and bona fidepurchaser for value without notice.

Incidentally there was an earlier attempt to strike out the action on the ground of it being statute-barred. I heard the preliminary issue and ruled that in order to properly consider the issue, factual evidence should be adduced. Hence for the trial to proceed.

The Agreed Facts And Issues

At the commencement of the hearing the parties submitted a list of agreed facts inclusive of the emphasis thereto as reproduced herein:

1. The plaintiff is the son of Datuk Ngui Tet Loi (deceased) who died at the Queen Elizabeth Hospital Kota Kinabalu on 9th November 1986 and the Administrator of the deceased's estate by the Grant of Letters of Administration dated 13th July 1987 by the High Court of Borneo at Kota Kinabalu.

2. The Deceased was the registered owner of four (4) pieces of lands namely, CL115325721, CL115325758, CL115325749 and CL116194140 (hereinafter collectively referred to as "the said lands").

3. The said lands were transferred as follows:

(a) CL11532578 was transferred from the deceased to the 1st Defendant on 15th July 1995 videa Memorial No. 30248694 pursuant to a Memorandum of Transfer dated 9th October 1985 attested by Haji Karama Haji Omar Ali, Commissioner of Oaths. The consideration for the said transfer was for natural love and affection.

The Plaintiff disputes the signatures of the deceased and the aforesaid Haji Karama Hj Omar Ali and alleges that both the signatures are forgeries.

(b) CL115325749 was transferred from the deceased to the 1st Defendant on 15th July 1995 videMemorial No. 30248694 pursuant to a Memorandum of Transfer dated 9 October 1985 attested by Haji Karama Haji Omar Ali, Commissioner of Oaths. The Plaintiff disputes that the signature is that o