JUDGMENT

Abang Iskandar Abang Hashim JCA:

Brief Facts Of The Case

[1] A piece of land was offered for alienation on application, by the Sabah State Government on 11 July 2006, to six individuals namely Rahinah Anduman ("Rahinah"), Indarah Rakim ("the 2nd defendant"), Sainah Angkat ("the 3rd defendant"), Jakarullah OKK Ismail ("the 4th defendant"), Abd Hassan Napiah ("the 5th defendant") and one Sitimah Damit ("Sitimah"). The said land was held under CL 255340599 under PT 96090624 at Sungai Millian in the District of Tongod, Kota Kinabatangan measuring 48.53 hectares/119.920 acres, in size.

[2] In 2009, some three years later, the 1st to 6th defendants sold the land to Ling Eng Keat, Ling Eng Shoo, Ling Wah Fong, Ling Wah King, and Ling Wah Joo ("the plaintiffs") vide a sale & purchase agreement dated 19 August 2009 ("the plaintiffs' agreement"). A point to note is that Martina Pg Ismail ("the 1st defendant") executed the plaintiffs' agreement as the Administratrix of the estate of the deceased Rahinah Anduman and Abdul Malik Maja ("the 6th defendant") executed the plaintiffs' agreement as the Administrator of the estate of Sitimah.

[3] The title to the said land was finally issued under