mahadev Shankar J

This is an application by Citibank NA ('Citibank') for an order that the defendant's land ('the said land') be sold by public auction.

The defendant claims that Citibank has not complied with O 83 r 3 of the Rules of the High Court 1980 ('the RHC').

The said land was charged to Citibank on 4 April 1990 ('the said charge') as security for the repayment to Citibank of all moneys and liabilities owing to Citibank by the defendant and his brother, Ahmad bin Othman, who were jointly referred to in the said charge as 'the Customer'.

Clause 2 of the annexure to the said charge reads in material particular as follows:

The chargor will pay to the chargee on demand all moneys … now or hereafter owing …together with …interest on all such debts … at the rate of 1.25%pa above the bank's base lending rate or 8.25%pa, whichever is higher with daily rests as well after as before the date of any demand to the date of actual repayment.

Clause 22 reads:

The total amount recoverable under this charge shall not exceed the sum of RM224,000 only … for principal with in addition thereto all interest accrued due. Provided that such limitation shall not in any way affect or prejudice any r