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 Road, Kuala Lumpur

(hereinafter called the Assignor) of the one part, and KHAW POH CHHUAN

of Kuala Lumpur (hereinafter called the Assignee) of the other part.

WHEREASthe Assignor is one of the co-administrators of the estate of

Yap Cheng @ Yap Ching (deceased).

AND WHEREAS the said Yap Cheng (deceased) died intestate on the 20th

day of December 1943, in the Federation of Malaya leaving surviving him

the following persons:

(1) Ng Cheng Kim (f) widow since deceased.

(2) Ong Keow (f) widow since deceased.

(3) Yap Ah Looi (the Assignor)

(4) Yap Vui Kor

(5) Yap Ban Ler

(6) Yap Ban Lee

(7) Yap Ban Chuan

(8) Yap Hong Chu

(9) Yap Chin Toh

AND WHEREAS the estate of Yap Cheng (deceased) consists of among other

things movable and immovable properties and several investments

specified in the schedule annexed hereto (hereinafter called the said

property).

AND WHEREAS the Assignor is entitled to a share in the said property

under the estate of Yap Cheng (deceased) and a share under the estate

of Ng Cheng Kim (deceased) in the said property.

AND WHEREAS the Assignor shall as soon as possible apply to the High

Court, Kuala Lumpur to wind up the estates of Yap Cheng (deceased) and

Ng Cheng Kim (deceased) and to distribute the said property to the

abovementioned persons entitled to the said property including the

Assignee.

AND WHEREAS pending the winding up and distribution of the said

property the Assignor hereby agrees to assign sell and transfer all her

rights, interests, benefits and claims of whatever nature legal or

equitable in respect of her share in the said property under the

estates of Yap Cheng (deceased) and Ng Cheng Kim (deceased) to the

Assignee free from all encumbrances for the sum of RM15,000.

NOW THIS DEED WITNESSETH as follows:

1 In consideration of the sum of RM6,000 (Ringgit Malaysia six thousand

only) now paid by the Assignee to the Assignor (the receipt of which

sum the Assignor hereby acknowledges) the Assignor hereby sells,

transfers and assigns all her interests, rights, benefits and claims

whether legal or equitable in the estates of Yap Cheng (deceased) and

Ng Cheng Kim (f) (deceased) to the Assignee absolutely free from all

encumbrances at the price RM15,000 (Ringgit Malaysia fifteen thousand

only).

2 The balance sum of RM9,000 shall be paid by the Assignee to the

Assignor on or before 31 March 1965.

3 The Assignor undertakes to take all reasonable steps and actions to

apply for Letters of Administration to the estate of Ng Cheng Kim (f)

(deceased) and to wind up the affairs of the