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2025 MarsdenLR 3970

HIGH COURT MALAYA SUNGAI PETANI
YAP BOON HAW – Appellant
Versus
LIM KOOI CHOY & ORS – Respondent


Petitioner Advocates:Louis Goh,Chee Foo Wei ,Respondent Advocate: Nurul Husna Flalim

JUDGMENT

Narkunavathy Sundareson J:

Introduction

[1] Enclosure 1 is the Plaintiffs application for a series of orders in respect of three caveats lodged on land held under the description of GM 15025, Lot 8942 s 36 (HS(M) 13753, PT No 5506), Bandar Kulim, Daerah Kulim, Negeri Kedah (Land).

[2] After careful consideration of the cause papers and both the written and oral submissions, this Court dismissed encl 1. The following are the reasons for the decision.

Background Facts

[3] The Plaintiff and the late Yap Kee Seng (YKS) are co-owners of the Land. YKS's 1/z share was transmitted to Yap Boon San, his administrator.

[4] The 2nd Defendant lodged a private caveat on 29 October 2014 vide Nombor Perserahan 1331/2014. This caveat lapsed after 6 years.

[5] The First Defendant lodged private caveats on 4 August 2020 vide Nombor Perserahan A715/2020 and on 28 August 2024 vide Nombor Perserahan 1191/2024.

[6] The lodgement of caveats related to the enforcement of a judgment dated 31 January 2011 and/or a prohibitory order dated 18 December 2012.

[7] The First Defendant's 2020 caveat was cancelled on 1 August 2024 and his 2024 caveat was likewise cancelled after the expiry of the 2 month period spe


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