Rokiah binti Amat 1. ) Pembangunan Tanah dan Perumahan Sdn Bhd 2. ) Syed Husain bin Junid

Rokiah binti Amat 1. ) Pembangunan Tanah dan Perumahan Sdn Bhd 2. ) Syed Husain bin Junid

Appeal allowed in part: appellant had locus standi via ex parte substitution and evidence supported that 1st respondent acknowledged deceased's proprietary interest and took steps to effect transfer such that a constructive trust and estoppel arose against 1st respondent; cause of action was for recovery of land and within 12-year limitation; documents and oral admissions of 2nd respondent supported findings against 1st respondent; however claim against 2nd respondent dismissed because he had no beneficial interest and nemo dat applied; reliefs are limited by subsequent registered transfer of the Lot to Q Development Sdn Bhd so only declarations (in deceased's name) are available.

Citation
NO. J-02(NCVC)(W)-1586-08/2018 (Mahkamah Rayuan)
Parties
Appellant (personal Representative of Estate of Asiah Binti Yahya): Rokiah Binti Amat; 1st Respondent (registered Proprietor): Pembangunan Tanah dan Perumahan Sdn. Bhd.; 2nd Respondent (director/co Vendor): Syed Husain bin Junid
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
14 July 2021
Case Number
NO. J-02(NCVC)(W)-1586-08/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Judgment on Appeal (court of Appeal)
Outcome
Appeal allowed in part; decision of learned Judicial Commissioner dismissed as to 1st respondent and affirmed as to 2nd respondent
Legal Topics
Constructive Trust, Proprietary Estoppel, Specific Performance, Indefeasibility of Title, Nemo Dat Quod Non Habet, Admissibility of Documents, Locus Standi, Limitation Period
Source Language
Malay/English
Property Law Equity Company Law Civil Procedure Evidence Law Limitation Law Constructive Trust Proprietary Estoppel +6 more

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Parties

Rokiah Binti Amat

Appellant (personal Representative of Estate of Asiah Binti Yahya)

Pembangunan Tanah dan Perumahan Sdn. Bhd.

1st Respondent (registered Proprietor)

Syed Husain bin Junid

2nd Respondent (director/co Vendor)

Procedural Posture

Civil Appeal / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether appellant had locus standi to continue suit as personal representative without probate/letters of administration
  2. 2 Whether action was time-barred and which limitation period applied (contract 6 years v recovery of land 12 years)
  3. 3 Whether a constructive trust arose in favour of the deceased/appellant against 1st respondent

Ratio Decidendi

Appeal allowed in part: appellant had locus standi via ex parte substitution and evidence supported that 1st respondent acknowledged deceased's proprietary interest and took steps to effect transfer such that a constructive trust and estoppel arose against 1st respondent; cause of action was for recovery of land and within 12-year limitation; documents and oral admissions of 2nd respondent supported findings against 1st respondent; however claim against 2nd respondent dismissed because he had no beneficial interest and nemo dat applied; reliefs are limited by subsequent registered transfer of the Lot to Q Development Sdn Bhd so only declarations (in deceased's name) are available.

Court Disposition

Appeal allowed in part; decision of learned Judicial Commissioner dismissed as to 1st respondent and affirmed as to 2nd respondent

Orders

  • Allow appeal in part
  • Affirm dismissal of claim against 2nd respondent