1. SOH POH 2. TOH CHENG CHAM (By virtue of the Power of Attorney dated 29/03/1996 and the Deed of Substitution dated 29/12/2017) 1. NORDIN BIN MD SALLEH 2. LAND ADMINISTRATOR OF KLUANG / LAND OFFICE, KLUANG 3. STATE DIRECTOR OF LAND AND MIN

1. SOH POH 2. TOH CHENG CHAM (By virtue of the Power of Attorney dated 29/03/1996 and the Deed of Substitution dated 29/12/2017) 1. NORDIN BIN MD SALLEH 2. LAND ADMINISTRATOR OF KLUANG / LAND OFFICE, KLUANG 3. STATE DIRECTOR OF LAND AND MIN

Plaintiffs failed to prove authenticity of the SPA and PA: key attesting solicitor was not produced and evidence showed inconsistencies and absence of vendor signatures on core pages; s90 presumption not available because documents lacked a 'ring of truth'; the 1st Defendant consistently denied signature and alleged forgery; limitation and laches principles bar relief in any event; registered title remains with the 1st Defendant under s340 NLC; therefore SPA and PA declared null and void, plaintiffs' claims dismissed and 1st Defendant's counterclaim allowed.

Citation
JB-22NCvC-66-11/2018 (Mahkamah Tinggi)
Parties
Plaintiff (deceased, Originally 1st Plaintiff): Soh Poh; Plaintiff (2nd Plaintiff, Substitute): Toh Cheng Cham; 1st Defendant (registered Proprietor): Nordin bin Md Salleh; 2nd Defendant (state Land Authority): Land Administrator of Kluang / Land Office, Kluang; 3rd Defendant (state Land Authority): State Director of Land and Minerals, State of Johore
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 October 2021
Case Number
JB-22NCvC-66-11/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Land/title Dispute / Judgment (grounds of Judgment Delivered 27 October 2021)
Outcome
Plaintiffs' claims dismissed; counterclaim by 1st Defendant allowed
Legal Topics
Sale and Purchase Agreement, Power of Attorney, Deed of Substitution, Forgery of Signature, Private Caveat, Indefeasibility of Title, Limitation Period, Doctrine of Laches, Adverse Inference, Presumption for Aged Documents, Burden of Proof
Source Language
Malay/English
Land Law Property Conveyancing Contract Law Evidence Limitation Equity (laches) Criminal Law (forgery/trespass) Sale and Purchase Agreement +10 more

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Parties

Soh Poh

Plaintiff (deceased, Originally 1st Plaintiff)

Toh Cheng Cham

Plaintiff (2nd Plaintiff, Substitute)

Nordin bin Md Salleh

1st Defendant (registered Proprietor)

Land Administrator of Kluang / Land Office, Kluang

2nd Defendant (state Land Authority)

State Director of Land and Minerals, State of Johore

3rd Defendant (state Land Authority)

Procedural Posture

Civil Suit Land/title Dispute / Judgment (grounds of Judgment Delivered 27 October 2021)

Legal Issues

  1. 1 Whether the writ is time‑barred and barred by the doctrine of laches
  2. 2 Whether absence of attesting solicitor (Halimah binti Hussein) permits adverse inference
  3. 3 Whether the 1st Defendant’s signatures on the SPA and PA are authentic

Ratio Decidendi

Plaintiffs failed to prove authenticity of the SPA and PA: key attesting solicitor was not produced and evidence showed inconsistencies and absence of vendor signatures on core pages; s90 presumption not available because documents lacked a 'ring of truth'; the 1st Defendant consistently denied signature and alleged forgery; limitation and laches principles bar relief in any event; registered title remains with the 1st Defendant under s340 NLC; therefore SPA and PA declared null and void, plaintiffs' claims dismissed and 1st Defendant's counterclaim allowed.

Court Disposition

Plaintiffs' claims dismissed; counterclaim by 1st Defendant allowed

Orders

  • Sale and Purchase Agreement dated 29 March 1996 in respect of HS(M) 3269, PTD 3323 declared null, void and of no effect and unenforceable
  • Power of Attorney dated 29 March 1996 declared null and void and 1st Defendant not bound by its terms