JUDGMENTBY: PEH SWEE CHIN FCJ (DELIVERING THE JUDGMENT OF THE COURT)

PEH SWEE CHIN FCJ (DELIVERING THE JUDGMENT OF THE COURT) This appeal focuses on the validity of some assignment of some beneficial interests in an intestates estate, the viability of a caveat the assignee lodged against the immovable assets of the estate and the effect of a courts order that deals with such assets without reference to the purported assignment.

It will be necessary to set out briefly the rather long and complicated facts of this case.

The plaintiff/appellant claims that by virtue of two agreements read together constituting an assignment, made by one Yap Ah Looi (f), (the assignor) and the plaintiff/appellant (the assignee), the assignor sold, transferred, assigned to the assignee all her interests, rights, benefits and claims respectively in the estates of her father, Yap Cheng deceased (the deceased father), and her mother, Ng Cheng Kim deceased (the deceased mother), for the price of RM15,000. The agreements dated 1 April 1964 and 20 January 1965 are set out in full below:

THIS DEED OF ASSIGNMENT is made this 1st day of April 1964 Between YAP

AH LOOI @ YAP AH LAY of 60D off Campbell