JUDGMENT

Richard Malanjum J:

Introduction

This is an action commenced by the plaintiff as the administrator of the estate of his late father Ngui Tet Loi (the deceased) who passed away on 9 November 1986.

The subject matter of this action are four pieces of land, namely, CL115325721 measuring 15.08 acres; CL115325749 measuring 14.61 acres; PL116194140 measuring 11.25 acres and CL 115325758 measuring 14.91 acres. All these lands are situated at Lahad Datu (hereinafter collectively referred to as 'the said lands' where necessary). It is not in dispute that except for CL115325758 the rest of the said lands ('the acquired lands') are now registered in the name of the 3rd defendant since 17 October 1995 and the title deeds are in its possession as well.

The 1st defendant is dead and the estate for the purpose of this action is represented by Voo Yee Wei and Voo Min Wei, being the lawful sons of the 1st defendant. However nothing was done by the representatives to defend this action. And hence it was opened for the plaintiff to apply for a default judgment.

The Relief Sought By The Plaintiff:

The plaintiff prays for the following relief:

(a) A declaration that the transfer of the said La