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HIGH COURT SABAH & SARAWAK KUCHING
ZECON DEMAK JAYA SDN BHD – Appellant
Versus
SYARIKAT PERUMAHAN NEGARA BERHAD – Respondent
| Table of Content |
|---|
| 1. plaintiff's application for caveat removal. (Para 1 , 2 , 3) |
| 2. details of plaintiff's grounds for caveat removal. (Para 5 , 6) |
| 3. court to determine if caveatable interest exists. (Para 8 , 10) |
| 4. defendant's admission and position on the agreement. (Para 19 , 20) |
| 5. defendant's argument regarding contract obligations. (Para 25 , 29) |
| 6. defendant must prove caveatable interest. (Para 45 , 47) |
| 7. court's final decision on caveat removal. (Para 81 , 82) |
[Enclosure 1 - Removal Of Caveat]
A. Introduction
[1] The Plaintiff, Zecon Demak Jaya Sdn Bhd applied for the caveat lodged by the Defendant vide Instrument No. L.5859/2012 registered on the 6 March 2012 at the Kuching Land Registry Office affecting Lot 462 Block 15 Salak Land District be forthwith removed.
[2] I have considered the arguments advanced by both parties and after perusing the affidavit evidence and the submissions filed herein, the Plaintiff's application as in paras 1, 2 and 3 of encl 1 is allowed with costs of RM5000.00, subject to the payment of an allocatur fee.
[3] Being dissatisfied with my decision, the Defendant filed this appeal.
[4] Below are the grounds for my decision.
B. Brief
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