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HIGH COURT MALAYA MELAKA
GEMENCHEH ENTERPRISES SDN BHD – Appellant
Versus
HOCK SENG MINING SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of the caveat dispute and parties involved. (Para 1 , 2 , 3) |
| 2. plaintiff claims lack of caveatable interest; defendant's standing challenged. (Para 4 , 5) |
| 3. court identifies issues for determination. (Para 6) |
| 4. plaintiff established as aggrieved party; history of ownership highlighted. (Para 7 , 9 , 10) |
| 5. aggrieved person's definition under s 327 of the national land code. (Para 8) |
| 6. dispute over the nature of defendant's interest in the land. (Para 11) |
[1] The plaintiff by this originating summons primarily applies for the removal of a private caveat (No. 450/2010) lodged by the defendant against the land held under GRN 52770, Lot 4896, Mukim Selandar, in the District of Jasin, Melaka (Formerly known as GRN 4438, Lot 406, Mukim of Selandar, in the District of Jasin, Melaka), (the subject land).
[2] At the outset, there are two applications before this court for determination in connection with the same subject land. In addition to the present application to remove the defendant's private caveat, the plaintiff has also assailed the registered owner's, Aikpoint Development Sdn Bhd (Aikpoint), application in the originating summons No. 24 NCvC-209-12/ 2011 (
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