JUDGMENT

Mokhtar Sidin JCA:

The appellants, Madam Wu Shu Chen (as the sole executrix of the Estate of Goh Keng How, deceased) and Ho Choo Wing ('Ho') being dissatisfied with a part only of the decision of the Court of Appeal given on 19 November 1996, have applied to the Federal Court for the following orders:

1. That leave be given to the applicants by this Honourable Court to appeal against such part only of the order of the Court of Appeal dated the 19 November 1996 whereby the Court of Appeal ordered that the Vesting order made by YA Hakim Dato Abdul Malik Ishak made in his Order dated 12 June 1995 vesting the land Lot 3523, held under Grant No. 21957, Mukim of Pulai, District of Johor Bahru, in favour of the respondent herein be affirmed.

2. That the applicants be given seven (7) days from the date of this Order to file and serve the Notice of Appeal.

3. That the costs of this application be costs in the cause.

4. That this Honourable Court do grant such further or other relief that it may deem fit and just to grant in the circumstances.

Background Of The Case

The case originated in the High Court at Johor Bahru where in Originating Summons No. 24-440-1994 the respondent, Raja Zainal Abidin bin Raja Hussin, was granted leave to intervene and was made the first defendant and the appellant Ho the second defendant. The plaintiff in the Originating Summons was originally one Goh Keng How ('Goh'), who died on 8 May 1995 at the age of 72 (see death certificate at Appeal Record, p. 592). After

Goh's death, his wife Madam Wu Shu Chen was substituted as the sole executrix of his Estate. She is the first appellant in this appeal in place of Goh, and Ho is the second appellant. Goh on 14 January 1989 entered a private caveat Serial No. 193/89 as the managing partner of Mingshu Syndicate claiming a caveatable interest in the land in question, i.e. Lot No. 3523, Grant No. 21957, Mukim of Pulai, District of Johor Bahru, measuring in area 399 acres 3 roods 20 poles ('the said Land'). Goh's caveat was subsequently extended by ex parte order of Court dated 20 June 1994 made in his application by way of the aforesaid Originating Summons. Ho also entered a private caveat Serial No. 6759/94 on 20 June 1994 against the said land as a partner of Mingshu Syndicate. The respondent, after he (in Prayer 1) and Ho (in Prayer 2) having been made parties to the said Originating Summons No. 24-440-1994 upon the respondent's application, sought the following orders (A.R. 104-105), supported by his affidavit of 16 July 1994 (A.R. 297-304):

3. The Ex parte Order dated 20 June 1994 granted by Yang Arif Tuan Hakim Dato' Hj Arifin bin Hj. Jaka under this Originating Summons extending the private caveat registered under Serial No. 193/89, Jilid 352, Folio 86 ('the said private caveat'), entered by the applicant Goh Keng How against the said land be set aside and the said private caveat be removed forthwith by the Registrar of Titles.

4. In the event the Prayer 2 is granted, the private caveat registered under Serial No. 6759/94 Jilid 895 Folio 58 entered by the second defendant, Ho Choo Wing, against the said land be forthwith removed by the Registrar of Titles.

5. Damages/compensation be assessed and paid by the applicant Goh Keng How, and the second defendant, Ho Choo Wing, to the first defendant Raja Zainal Abidin bin Raja Hussin under s. 329 of the National Land Code.

6. The Registrar of Titles Johor, and/or any proper registering authority, be directed under s. 417 of the National Land Code to register the 1st defendant Raja Zainal Abidin bin Raja Hussin as the proprietor of the said land notwithstanding any caveats, and in the event of any compulsory acquisition of the said land, the compensation or award be paid to the first defendant, Raja Zainal Abidin bin Raja Hussin by the Land Administrator or any other appropriate authority.

7. The applicant Goh Keng How and the second defendant Ho Choo Wing do jointly and severally pay to the first d