JUDGMENT

Abdul Malik Ishak J:

Introduction

By way of prayer (a) of enclosure (1), the plaintiff seeks to remove the private caveat entered by the defendant on 17 March 2003 on the property held under HS(D) 48466, No: Lot 47973, Mukim Kuala Lumpur wherein one unit of a double storey link house stands bearing an address at Lot 25, Jalan 39/70A, Desa Sri Hartamas 50480 Kuala Lumpur measuring 153.285 square meters in area (hereinafter referred to as the "property"). The plaintiff also seeks by way of prayer (b) of enclosure one (1) to prevent the defendant by himself or through his servant or agent from lodging any private caveat on the said property for the same reason and the plaintiff also seeks by way of prayer (c) of enclosure one (1) damages and such damages to be assessed by the senior assistant registrar and payable to the plaintiff together with costs as seen at prayer (d) of enclosure one (1) and any other order which the court deems fit and proper as reflected at prayer (e) of enclosure one (1).

Facts Of The Case

The plaintiff is the registered proprietor of the property. The shareholders of the plaintiff do not see eye to eye. Dispute has arisen from among the shareholders