Low Hop Bing J:

Application

[1] This application demonstrates the importance of having in place a pool of legal knowledge in civil procedural law so as to put the horse before the cart and not otherwise.

[2]Vide ex parte originating summons in encl. (2), the plaintiff is seeking an injunction to restrain the first defendant ("D1"), its agents or employees from entering on two pieces of land held under Lots No. 4407 and 4408 respectively in the mukim of Air Panas district of Jasin (collectively "the Jasin land"), and from making any payment by way of compensation to the second and third defendants ("DD2 and 3") respectively.

Factual Background

[3] From the various affidavits filed herein, the relevant factual background may be unfolded as follows:

[4] On 23 April 1997, the plaintiff entered into two sale and purchase agreements with DD2 and 3 respectively whereby the plaintiff has agreed to buy the Jasin land from DD2 and 3. The plaintiff alleged that it has paid the purchase price to DD2 and 3.

[5] On 5 August 1999, the parties executed the transfer forms but the transfer has yet to be registered. The plaintiff claimed to be the beneficial owner of the Jasin land.

[6] On 2