JUDGMENT

Denis Ong JCA:

Introduction

[1] This is an appeal by Sayang Plantation Bhd, the abovenamed defendant (the appellant) to this court from the decision of the judge of the High Court at Alor Setar, Kedah who on 8 April 2003 ordered the appellant to pay to Koh Siak Poo, the abovenamed plaintiff (the respondent), compensation for damage and/or loss consequential upon the failure of the appellant to withdraw forthwith Lien Holder's Caveat No. Perserahan 60/1988 Jilid 23 Folio 7 (the caveat) registered at the Land Office Kedah on 16 February 1988 against the land comprised in GM3423, Lot 208, Mukim Sungai Pasir, Padang Temusu, Kuala Muda District (Lot 208); such compensation to be enquired into and assessed by the deputy registrar or the senior assistant registrar of the High Court; and costs. We heard this appeal in Alor Setar and reserved judgment to a date to be fixed.

[2] The decision is not unanimous as has been pronounced in open court. There has been a division of opinion in this quorum. The majority opinion of Denis Ong Jiew Fook and Richard Malanjum (CAJJ) concur that this appeal be dismissed with costs here and below; the deposit to be paid to the respondent towards the