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In the realm of estate administration, where the wishes of the deceased must be balanced against legal and practical realities, few challenges are as perplexing as the caveat. A caveat acts as a legal sentinel under the Sarawak Land Code (Cap. 81), halting dealings with land when someone asserts a claim to it and often leaving administrators, tasked with safeguarding and distributing the estate, in a difficult position. Let's imagine this: you are the administrator of your late parents' estate and intend to sell a valuable piece of land to settle debts or fulfil bequests. However, you found that a caveat is lodged against the property. The question is, can you, as the estate's administrator, seek to have that caveat removed even though you do not personally own the land?

This dilemma has long sparked debate in Sarawak's legal circles, with courts historically taking a strict stance, reserving the right to challenge caveats for those with a registered interest in the property. Yet, the Federal Court's landmark ruling in Tebin Mostapa v. Hulba-Danyal Balia & Anor^[1] has turned this orthodoxy on its head, redefining the powers of administrators in a way that could transform estate administration. In this article, we will examine the provisions of the Sarawak Land Code, analyse pivotal court decisions, and explore how the landmark case has reshaped the legal landscape.

1. Judge craft is all about the art of judging and what it means to be a judge. It includes everything from how judges carry out their duties to how they present themselves in public. It is a complex mix of legal knowledge, ethical behaviour, effective communication, and engaging with the community. For judges, embodying these qualities is crucial to upholding the rule of law and keeping the public's trust in the judicial system.

2. When it comes to delivering justice in a diverse community, judges need to abide by some key principles that promote fairness, equity, and respect for the law. One of the cornerstones of this is the notion of stare decisis, which means adherence to established precedents. By following these legal precedents, judges preserve the integrity of the judicial system and the public confidence that justice is being served fairly.

3. On a much more serious note, it is also vital for judges to be mindful of any unconscious biases that might creep into their decision-making.

4. Supporting the adage "justice delayed is justice denied", effective time management is a crucial component of the judicial process. With courts often facing heavy caseloads, judges need to prioritise their tasks to ensure cases are resolved in a timely manner.

Globally, there is an unfettered right of access to court proceedings by the public, which is consilient with the principle of open justice as it is regarded as an essential tenet of any justice system to guarantee public confidence, independence, and accountability in the administration of justice. In Malaysia, Section 15 of the Courts of Judicature Act 1964 states that all civil and criminal matters shall be deemed to be open and accessible to the public. Journalists are often keen to report on cases that are newsworthy and those that garners public interest wherein they act as an intermediary between the public and the courts.

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death anniversary. It is appropriate that we remember him, draw inspiration from his life and work and salute his memory.