Contract : Illegality - Void contract - Sale and purchase of Sabah native land by non-native through native nominee - Native nominee holding such native land on trust for non-native - Prohibited transaction under Sabah Land Ordinance - Whether entire sale and purchase transaction illegal ab initio
Land Law : Charge - Validity of - Charge executed over native land in appellant's favour for term loan granted to borrower - Borrower a non-native purchasing native land through native nominee - Prohibited transaction - Whether entire sale and purchase transaction illegal - Whether charge tainted with illegality - Whether appellant a bona fide lender - Whether appellant guilty of deception contrary to public policy
Land Law : Customary Land - Native land - Sabah - Purchase of Sabah native land by non-native through native nominee - Native nominee holding such native land on trust for non-native - Whether Trust Deed a "dealing" within meaning of s 4 of Sabah Land Ordinance - Whether such Trust Deed illegal under ss 17(1) and 64(1) of the Sabah Land Ordinance