FADHIL HUSSEIIN ISHAK YASSIN BIN MANSOR 1. ) PUBLIC ISLAMIC BANK BERHAD 2. ) MS CITAJAYA SDN BHD

FADHIL HUSSEIIN ISHAK YASSIN BIN MANSOR 1. ) PUBLIC ISLAMIC BANK BERHAD 2. ) MS CITAJAYA SDN BHD

The Court of Appeal held s.257(1)(g) of the National Land Code 1965 is clear and mandatory and prohibits any extension; the High Court/Deputy Registrar had no inherent jurisdiction to exclude the MCO period from the 120‑day computation or to effectively extend time; the Deputy Registrar's order was also procedurally defective for making orders after striking out the intervener's application; accordingly the judicial sale to the bidder is set aside, the 10% deposit is forfeited and applied per s.267A, the differential sum refunded, title registration set aside, the chargor reinstated, the charge reinstated and the property to be re‑sold pursuant to the existing Order for Sale.

Citation
B-03(IM)-93-10/2022 (Mahkamah Rayuan)
Parties
Appellant / Chargor / Registered Owner: Fadhil Husseiin Ishak Yassin Bin Mansor; First Respondent / Chargee / Plaintiff in Execution: Public Islamic Bank Berhad; Second Respondent / Successful Bidder / Proposed Intervener: MS Citajaya Sdn. Bhd.
Court
IM
Jurisdiction
Malaysia
Judgment Date
12 August 2024
Case Number
B-03(IM)-93-10/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Against Execution/interlocutory Orders Under National Land Code 1965 / Court of Appeal Judgment on Appeal From High Court (appeal Against Deputy Registrar's Order and Judicial Commissioner Decision)
Outcome
Appeal allowed. Judicial Commissioner’s order dated 9 September 2022 and Deputy Registrar’s order dated 24 August 2021 set aside.
Legal Topics
National Land Code S.257(1)(g) 120 Day Payment Requirement, Forfeiture Under S.257(1)(h) and S.267 a, Inherent Powers of the Court (order 92 R.4 Rules of Court 2012), Suspension/exclusion of Time for COVID 19 MCO, Leave to Intervene, Courts of Judicature Act Para 8 Extension of Time
Source Language
Malay/English
Land Law Property Law Civil Procedure Banking Law National Land Code S.257(1)(g) 120 Day Payment Requirement Forfeiture Under S.257(1)(h) and S.267 a Inherent Powers of the Court (order 92 R.4 Rules of Court 2012) Suspension/exclusion of Time for COVID 19 MCO +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Fadhil Husseiin Ishak Yassin Bin Mansor

Appellant / Chargor / Registered Owner

Public Islamic Bank Berhad

First Respondent / Chargee / Plaintiff in Execution

MS Citajaya Sdn. Bhd.

Second Respondent / Successful Bidder / Proposed Intervener

Procedural Posture

Civil Appeal Against Execution/interlocutory Orders Under National Land Code 1965 / Court of Appeal Judgment on Appeal From High Court (appeal Against Deputy Registrar's Order and Judicial Commissioner Decision)

Legal Issues

  1. 1 Whether the court has inherent power to exclude/suspend MCO days from computation of the 120‑day payment period under s.257(1)(g) NLC
  2. 2 Whether the court can grant orders benefiting a proposed intervener after that intervener's application has been struck out/dismissed
  3. 3 Whether paragraph 8 Schedule CJA 1964 or other provisions permit extension when statute states "no extension"

Ratio Decidendi

The Court of Appeal held s.257(1)(g) of the National Land Code 1965 is clear and mandatory and prohibits any extension; the High Court/Deputy Registrar had no inherent jurisdiction to exclude the MCO period from the 120‑day computation or to effectively extend time; the Deputy Registrar's order was also procedurally defective for making orders after striking out the intervener's application; accordingly the judicial sale to the bidder is set aside, the 10% deposit is forfeited and applied per s.267A, the differential sum refunded, title registration set aside, the chargor reinstated, the charge reinstated and the property to be re‑sold pursuant to the existing Order for Sale.

Court Disposition

Appeal allowed. Judicial Commissioner’s order dated 9 September 2022 and Deputy Registrar’s order dated 24 August 2021 set aside.

Orders

  • Judicial sale of the charged property to MS Citajaya Sdn. Bhd. dated 5 April 2021 is set aside
  • The 10% deposit of RM160000.00 paid by MS Citajaya Sdn. Bhd. is forfeited and to be applied in accordance with s.267A NLC