Beneficiaries of an estate have a caveatable interest in property, and the removal of such caveats must adhere to statutory provisions ensuring equitable distribution among heirs.

Introduction

[1] The Plaintiff, Pangkas anak Anding and the defendant, Unyi anak Anding, in this Originating Summons are siblings.

[2] The Plaintiff filed an application for the removal of caveats lodged by the defendant registered as Caveat Instrument No L5380/2013 registered at Samarahan Land Registry Office on 5 September 2013. The caveat was lodged by the defendant affecting five (5) parcels of land registered under the plaintiff's name.

[3] After hearing both counsels, I have dismissed the plaintiff's Originating Summons seeking the removal of the defendant's caveat with no order as to costs.

[4] The Plaintiff is dissatisfied with my decision and has filed an appeal to the Court of Appeal.

[5] Below are the grounds for my decision.

Brief Background Facts

[6] Based on the plaintiff's application, the brief background of facts is as follows.

[7] The Plaintiff filed this Originating Summons seeking the Court order:

(a) that the Caveat Instrument No L5380/2013 registered at the Samarahan Land Registry Office on 5 September 2013 affecting all that parcel of land listed below be forthwith removed from the Land Register by the Registrar of Land and Survey, Samarahan:

(i) Sungai Plai, Samarahan containing an area of approximately 7680 square metres and described as Lot 75 Block 26 Muara Tuang Land District;

(ii) Sungai Plai, Samarahan containing an area of approximately 2.756 hectares and described as Lot 1481 Block 26 Muara Tuang Land District;

(iii) Muara Tuang Land District containing an area of approximately 7649 square metres and described as Lot 1318 Block 26 Muara Tuang Land District;

(iv) Muara Tuang Land District containing an area of approximately 6150 square metres and described as Lot 440 Block 26 Muara Tuang Land District;

(v) Muara Tuang Land District containing an area of approximately 9180 square metres and described as Lot 443 Block 26 Muara Tuang Land District,

(b) the costs and incidental to this application be paid by the defendant to the plaintiff on a full indemnity basis; and/or

(c) damages to be awarded to the plaintiff; and

(d) further order deemed fit and just by this honourable Court.

[8] The grounds of the plaintiff's application are as follows:

(a) the defendant has no caveatable interest.

(b) there is inordinate delay.

[9] The grounds are further explained in the Affidavit in Support, affirmed by the plaintiff, filed herewith [Encl 2].

[10] All five (5) parcels of land belong to the late father of the plaintiff and defendant, who died intestate on 24 April 2013, before the said lands were transferred and registered by the plaintiff into his name.

[11] After the passing of their father, the plaintiff applied for and was granted a Letter of Administration in respect of the deceased's estates dated 13 May 2013 issued by the District Office of Samarahan [see: exh P-6, a copy of the Letter of Administration PM No 25/2013 dated 13 May 2013].

[12] Based on the Statutory Declaration of the defendant, the defendant has agreed for the plaintiff to be appointed as the legal representative of their late father's estate.

STATUTORY DECLARATION

I, UNYl (f) ANAK ANDING (WNKP 561212.13.5792) of Kampung Plale, 94300, Kota Samarahan, Sarawak DO HEREBY SOLEMNLY AND SINCERELY DECLARE as follows:

1. My father, the late ANDING ANAK NAUNG, died intestate on the 24 April 2013. He left behind the following next of kin, namely:

(1) myself; and

(2) my younger brother, PANGKAS ANAK ANDING,

2. Among other things, at the time of his death my late father was the registered proprietor o