Compugates Development and Mining Sdn Bhd Main Uptown Sdn Bhd

Parties

Procedural Posture

Originating Summons (caveat Cancellation Under National Land Code S327(1)) / Interlocutory Application for Stay of Execution Pending Appeal

Legal Issues

1. 1 Whether a stay of execution pending appeal should be granted
2. 2 Whether removal of the caveat would render the appeal nugatory
3. 3 Whether the defendant had a caveatable interest under the National Land Code

Ratio Decidendi

A stay of execution pending appeal was granted because the removal of the private caveat would have rendered the appeal nugatory and constituted a special circumstance under Federal Court authority; instead of ordering the Registrar of Titles to reinstate the caveat the Court granted an interim injunction restraining the plaintiff from selling, transferring, disposing or creating any encumbrance on the land pending the appeal.

Court Disposition

Stay of execution granted pending appeal; interim injunction granted restraining Plaintiff from disposing of or creating encumbrances on the land; costs in the cause.

Orders

• Stay of execution of the Order dated 19th October 2022 is granted pending appeal as prayed for in Enclosure 26.
• Interim injunction restraining the Plaintiff from selling, transferring or disposing the land held under No. Hakmilik HSD 13828, Lot No. PT 26800 (No. Lot Baru: 30729), Mukim Dengkil, Daerah Sepang, Selangor and from creating any encumbrance on the said land pending the outcome of the appeal in the Court of Appeal.