Low Hop Bing J

Application

This is the plaintiff's application by way of originating summons in encl (1) for the removal of the caveat entered by the defendant ('defendant's caveat') on 13 March 1992.

Facts

The facts of the case are as follows. By a loan agreement cum assignment dated 26 March 1984 ('the LACA'), the plaintiff had granted to one Chuah Eng Khong ('Chuah') a housing loan of RM60,000 to purchase all that parcel of land held under HS (M) 14801, PT 5533, Lot 023815, Mukim Ampang, together with a building erected thereon ('the land') from Sri Donglai Sdn Bhd ('the developer'). There was then no issue of the document of title ('the title') to the land.

Under cl 5 of the LACA, Chuah has, inter alia, expressly assigned unto the plaintiff all his rights, title and interest in the land. Clause 12 of the LACA provides that upon issuance of the title, Chuah shall execute a charge over the land in favour of the plaintiff.

The title was issued on 19 November 1984.

Without the plaintiff's knowledge and the developer's consent, Chuah, by a sale and purchase agreement dated 3 June 1985, purportedly sold the land to one Tan Ah Tong ('Tan'), who is the defendant's husband, for the sum