Kho Ah Soon v Duniaga Sdn Bhd [1996] 2 MLJ 181 FC

Kho Ah Soon v Duniaga Sdn Bhd [1996] 2 MLJ 181 FC:

“Held: It is settled that in a matter of removal of a caveat as between a caveator and caveatee, the onus is on the caveator to satisfy the court that his evidence does raise a serious question to be tried with regard to his claim to an interest in the land in question, and having done his claim so he must show that, on a balance of convenience, it would be better to maintain the status quo until the trial of the action by preventing the caveatee from disposing of his land (see p 184F-H); Eng Mee Yong & Ors v V Letchumanan[1979] 2 MLJ 212 and American Cyanamid Co v Ethicon[1975] AC 396 followed.”

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