Haidar J

The plaintiff, by Originating Summons No KG 300/87 filed on 9 October 1987, seeks an order to sell by public auction the defendant's land described as lot 211 block 11 Muara Tebas Land District situate at Air Terjon, Tabuan, Kuching, Sarawak containing an area of 3925sq m, more or less, ('the land') to recover

(i) the sum of $54,832.44 due as at 24 February 1987 to the plaintiff by the defendant under a memorandum of charge no L 3019/1986 executed and registered at the Kuching Land Registry Office on 24 March 1986;

(ii) interest accruing thereon at the rate of 11.75% pa on monthly rests from 25 February 1987 till date of final payment or such other rate of interest as the plaintiff may from time to time prescribe;

(iii) the sum of $1,700.00 as costs on a solicitor and client basis;

(iv) the costs and expenses of and incidental to the application and the sale.

The defendant, as the registered proprietor of the land granted a power of attorney on 18 March 1983 to his brother, John A Langgi (see exh 'HGL-1' to encl 10) in respect of the land. John A Langgi, in purported exercise of the powers under exh 'HGL-1', charged the land to the plaintiff to obtain overdraft facilit