Introduction

The Interest Of The Defendants/Judgment Debtors Sought To Be Seized

[1] The plaintiff/judgment creditor obtained judgment against the defendants/judgment debtors for the sum of RM279,818.77 with interest accruing and costs.

[2] To enforce the judgment, by this Ex Parte application, the plaintiff/judgment creditor applies under O 47 r 6 of the Rules of Court 2012, for a Prohibitory Order to be issued under a Writ of Seizure and Sale for seizure of the defendants/judgment debtors' rights and interest in all that parcel of land together with the building thereon and appurtenance thereof situate at Jalan Rantau Panjang, Sibu containing area of 586.60 square metres, more or less and described as LOT 8051 BLOCK 6 SEDUAN LAND DISTRICT (formerly known as Sublot 103 comprised in Sibu Occupation Ticket No 7453 (replaced by Lot 8425 Block 6 Seduan Land District) (hereafter referred to as "Lot 8051") which comprises of a single storey terraced house constructed thereon.

[3] Lot 8051 is a subdivided lot with issued title now, derived from development and subdivision of the land previously held under Sibu Occupation Ticket No 7453 (replaced by Lot 8425 Block Seduan Land District) [the master lot].

[4] However, Lot 8051 remains registered under the names of 38 co-owners who entered into a Development Agreement dated 8 August 2005 and a Supplementary Agreement dated 10 August 2010 with Nice Realty Sdn Bhd, which undertook the development of the land under the master lot.

[5] The defendants/judgment debtors are not among the registered co-owners of Lot 8051 or defendants/judgment debtors yet to be registered as the co-owners of Lot 8051.

[6] The defendants/judgment debtors' right and interest in Lot 8051 is derived and by virtue of Sale and Purchase Agreement made on 29 December 2020 by which defendants/judgment debtors agreed to purchase and two (2) of the registered co-owners, namely Hii Jang Buong and Hii Leh Houng (the Vendors) agreed to sell Lot 8051 for the price of RM360,000.00.

[7] The plaintiff/judgment creditor also granted the defendants/judgment debtors a housing loan of RM324,000.00 to finance the purchase of Lot 8051 pursuant to the said Sale and Purchase Agreement, to be secured by a charge on Lot 8051 to be registered after Lot 8051 is transferred and registered in the name of the defendants/judgment debtors as co-owners.

[8] It seems that the housing loan has been released by the plaintiff/judgment creditor and a Memorandum of Charge in ex-escrow was also executed by the defendants/judgment debtors in favour of the plaintiff/judgment creditor but not registered, as Lot 8051 has yet to be transferred and registered in the name of the defendants/judgment debtors.

[9] Therefore, any rights and interests of the defendants/judgment debtors remain unregistered under the Land Code (Cap 81).

[10] Short of being a registered interest under the Land Code (Cap 81), it is an equitable interest in Lot 8051 dependant on the ability of the defendants/judgment debtors to obtain specific performance against the Vendors of the said Sale and Purchase Agreement to cause the legal title of Lot 8051 to be transferred and registered in name of the defendants/judgment debtors or ability of the defendants/judgment debtors to protect their interest under the said Sale and Purchase Agreement by injunction or otherwise. It is a right in contract against the Vendors.

See: Bachan Singh v. Mahinder Kaur & Ors 1956 MarsdenLR 71; [1956] 1 MLJ 97 at p 98 ; Chin Cheng Hong v. Hameed & Ors 1954 MarsdenLR 85; [1954] MLJ 169 at p 170 ; Holee Holdings (