2. Private caveat

Goo Hee Sing v Raja Will

(1993) 3 MLJ 610

Issue

Whether in the face of the restriction in interest, the caveat filed by the plaintiff which was a

purported purchaser of the land was nullity or not?

Fact

The first defendant entered into a purported deed of sale of a piece of land to the plaintiff.

The said land has a restriction in interest in that it cannot be sold, pledged, charged or

transferred in any manner without the permission of the state authority. There was no

reference whatsoever to the said restriction in the deed of sale. The plaintiff however, lodged

a caveat against the said land in reliance of this deed of sale. The land was not transferred and

there was no evidence that the required consent from the state executive council was ever

applied for, let alone obtained. The plaintiff has brought an action against the first defendant

and this is an application for an extension of the said caveat pending the conclusion of the

suit.

Held

The plaintiff’s application for the extension of the said caveat has been dismissed by the

court.

Reasoning

In order to file a caveat, a caveator must have caveator interest. The claim must be to title or a

right thereto in present, and not to some contingent title or right thereto. The said land is

under the restriction in interest, so nothing can happen without the consent of the state

authority.

Consequently, it must follow that a prospective purchaser, charge, or lessee of such land can

have no caveatable interest in such land until the consent of the state authority has been

irrevocably obtained.

Analysis

According to section 5 of NLC, restriction in interest means any limitation imposed by the

State Authority on any of the powers conferred on a proprietor by part nine, or any his

powers of dealing under Division IV, and any like limitation imposed under any previous

land law.

Private caveat can be entered by a person who has a caveatable interest that has been

mentioned under section 323(1).

By this section, persons that have caveatable interest are

1. Any person or body claiming title to any alienated land

2. Any person or body claiming registrable interest in any alienated land

3. Any person or body claiming right to title to any alienated land

4. Any person or body claiming right to registrable interest in any alienated land

Thus, thje persons whose only have the caveatable interest can apply for private caveat.