Introduction

[1] By the Notice of Application dated 8 April 2024 (Encl 32), the First, Second, and Third Defendants (hereinafter collectively referred to as "the Defendants") applied for an Order that the Plaintiff's claim against the Defendants be struck out.

[2] On 13 September 2024, this Court allowed the application with costs and these are the grounds.Parties

[3] The parties in this case are as follows:

(i) The Plaintiff, a Malaysian citizen and suing under his personal capacity as well as under the representative capacity on behalf of his family members, namely Pang Siew Fong, Chong Vui Keong and Chong Kui Lan.

(ii) The First Defendant who was formerly a clerk at Jabatan Pertanian and later joined Yayasan Sabah;

(iii) The Second, Third, Fourth and Fifth Defendants are the registered owners of four (4) parcels of land, held under NT 083244580, NT 083244599, NT 083244606 an