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MARIA ROCHELE SILVA SARABIA v. REGISTRAR OF LANDS
AND SURVEYS & ANOR
HIGH COURT SABAH & SARAWAK, KUCHING
ALWI ABDUL WAHAB JC
[ORIGINATING SUMMONS NO: KCH-24-7-1-2015]
24 AUGUST 2015
LAND LAW: Sale of land â Caveat â Plaintiff purchased land from vendor â Land sold to third party pursuant to auction â Plaintiff entered caveat on land â Land Registrar registered transfer of land although caveat still in existence â Whether Registrarâs act caused plaintiffâs caveat to be arbitrarily and unilaterally removed â Whether registrarâs action deprived plaintiffâs equitable interest over land â Whether plaintiff as foreigner could acquire interest or equitable interest over land â Whether interest or equitable interest could pass from vendor to plaintiff â Whether SPA entered was valid â Land Code (Sarawak) (Cap 81), ss. 175, 177 & 197
The plaintiff, a Philippines citizen, entered into a sale and purchase agreement (âthe SPAâ) with one Pang Neng Ung (âthe vendorâ) for the purchase of a plot of land (âthe said landâ) at the price of RM338,000. Prior to the SPA, the vendor charged the said land to American International Assurance Company Limited (âthe chargeeâ) registered with Kuching Land Registry Office (âthe said chargeâ). As the vendor defaulted in servicing his loan, an order for sale of the said land was obtained by the chargee to satisfy the sum due and owing to the chargee.
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