JUDGMENT

Ahmad Fairuz JCA:

The appellant is the purchaser of a piece of land held under GM 7965, Lot 2400, Mukim Kuala Kuantan (hereinafter referred to as "the land"). The vendors namely, Mohamed Naim bin Haji Ahmad, Che Mah bte A. Rahaman and Mohd. Nasir bin Haji Ahmad are the registered owners of the land. Both the appellant and the vendors signed a sale and purchase agreement ("the SPA") on 5 November 1996. The agreed price of the sale was RM392,222.95. A sum of RM45,607.32 was paid by the appellant to the vendors as deposit. In compliance with the requirement of the SPA, the balance sum of RM346,615.63 was paid by the appellant to its solicitors on 4 February 1997. The appellant, however, has been unable to register the land in its name due to the presence of a private caveat lodged by the respondent on 21 January 1997. Consequently, by an originating summons dated 17 February 1997, the appellant applied for the removal of the caveat. On 28 November 1997, the learned judge dismissed the appellant's application. Hence this present appeal.

We heard this appeal on 29 April 1999 and we allowed it with costs. At the same time we ordered the deposit to be refunded to the appellant.