In Mohamed Ali bin Abdul Razak v Sim Hock Yang [2008] 1 AMR 68, the Court of Appeal held that pursuant to Section 323 of the National Land Code 1965, a person cannot "claim" title to something which is already vested in him or her. Since a registered proprietor will be unable to bring him or herself within the terms of Section 323(1) of the Code, he or she does not have a caveatable interest.
*Abbreviations HC = high court COA = court of appeal FC = federal court Ngu Toh Tung & 7 Ors v Superintendent of Lands & Survey, Kuching Division, Kuching & Anor [COA] administrative law; land acquisition J & C New Poly Catering Sdn Bhd v TTMP Bakun Consortium Sdn Bhd [HC] The general rule is that a high court will not issue an injunction to restrain the execution of another high court order. However, the high court possesses inherent jurisdiction to do justice in each case. Thus, an interim injunction could be issued to restrain execution of a decree if it could be shown that the execution would result in an injury to the party against whom the execution was directed at. As a matter of practice, applications for a garnishee order are made before the sar or dr and the decision is appealable to a judge in chambers. Even though under the rules of the high court 1980, service of originating process or other court documents on a corporation...