KEPALA BATAS BIHUN SDN BHD v 1. ) BANK KERJASAMA RAKYAT MALAYSIA BERHAD 2. ) PENTADBIR TANAH, SEBERANG PERAI UTARA
Catchwords
1. The lodgement of a private caveat over land belonging to another individual or entity serves the legitimate purpose of protecting the interests of the caveator. However, such a mechanism must not be abused. Where a caveat is shown to be unjustified, the caveatee is entitled under the law to seek its removal, and may also pursue damages against the caveator for any loss suffered. 2. The present application, filed via Originating Summons in Enclosure 1, illustrates the judicial responsibility that arises when a party asserts what it believes to be a legitimate interest warranting the lodgement of a private caveat, and that assertion is subsequently challenged by the registered proprietor. In this instance, the Plaintiff, as the caveatee and registered proprietor, seeks the removal of private caveats lodged by the First Defendant over nine separate parcels of land. The Second Defendant is named in these proceedings in its statutory capacity under the National Land Code. The Fundamental Issue 3. The central issue for determination in this Originating Summons is whether the private caveats lodged by the First Defendant ought to be removed. This question is to be considered in accordance with the statutory framework under the National Land Code, as well as the applicable legal principles developed through a consistent line of judicial authorities which this Court is bound to follow and apply.
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