Chong Siew Fai J:

This is an application by the applicant for removal of a caveat dated 26 February 1986 and registered at the Kuching Land Registry Office on 10 March 1986 as Instrument No. L2855/86 so far as affecting one of the four parcels of land against which the caveat was lodged.

The caveat was lodged by the respondent who was at all material times the registered proprietor of the four parcels of land (the said lands).

Altogether the applicant has six affidavits and the respondent, three. They are:

By the applicant:

(i) affidavit affirmed on 16 January 1990 (applicant's 1st affidavit);

(ii) affidavit affirmed on 29 September 1990 (applicant's 2nd affidavit);

(iii) affidavit in reply affirmed on 16 May 1991 (applicant's 3rd affidavit);

(iv) further affidavit in reply affirmed also on 16 May 1991 (applicant's 4th affidavit);

(v) Mr. Wan Junaidi's affidavit affirmed on 16 May 1991 (Mr. Wan Junaidi's affidavit); and

(vi) Mr. Anthony Tai's affidavit affirmed on 16 May 1991 (Mr. Tai's affidavit).

By the respondent:

(i) affidavit affirmed on 27 September 1990 (respondent's 1st affidavit);

(ii) affidavit affirmed on 3 November 1990 (respondent's 2nd affidavit); and

(iii)