JUDGMENTBY: LEE HUN HOE CJ (BORNEO)

(delivering the judgment of the Court): This appeal is against the decision of the learned judge in staying all proceedings in the High Court pending the outcome of the appeal against the decision of the Native Officers Court in Kuching.

The parties were married in October 1964. They have four children, three boys and a girl whose ages range from 9 years to 17 years. During marriage appellant made a number of investments in Malaysia in the name of respondent with the purported intention that respondent should be a trustee for him and their children. One such investment was a piece of land with buildings thereon situate at Sungei Apong Road, Kuching, described as Lot 3284, section 64, Kuching Town Land District (hereinafter referred to as Lot 3284). According to appellant not long after the transfer of Lot 3284 respondent changed her feeling for him and refused to stay with him. In fact, respondent sued him for divorce in the Native Officers Court in Kuching. On May 15, 1974 the Native Officers Court dissolved the marriage. Pursuant to section 41 of the Undang-Undang Mahkamah Melayu Sarawak it was held, inter alia, that all properties "harta p