JUDGMENT

Collin Lawrence Sequerah JCA:

(A) Introduction

[1] The First Respondent (the Plaintiff in the High Court), filed a suit against the Appellant (First Defendant) and the Second Respondent (Second Defendant) together with two other parties (who are not parties in this Appeal) at the Ipoh High Court ("the Main Action").

[2] By way of the Main Action, the First Respondent ("RT') sought for prayers that it be registered as the owner to two pieces of land held under Geran 133275 Lot 5334 ("Lot 5334") and under Geran 135778 Lot 1054 ("Lot 1054") in Mukim Lumut, Daerah Manjung, Perak, and that a Court Order dated 3 November 2010 in respect of Lot 5334 and Lot 1054 be set aside.

[3] After having filed its Defence to the Main Action, the Appellant later obtained leave on 23 October 2020 to file a Counter Claim against R1.

[4] R1 subsequently withdrew the Main Action when it was set down for trial.

[5] The Appellant however, continued with the Counter Claim.

[6] After a full trial, the High Court dismissed the Appellant's Counter Claim on 22 June 2022.

[7] The Appellant has thus filed this Appeal against the dismissal of its Counter Claim by the High Court.

(B) Background Facts

[8] The pertinent