1. ) NORMALASARI @ NORMAN SHAHFIZ BIN SALEHAN (WAKIL DIRI KEPADA ESTET DAN HARTA PUSAKA SALEHAN BIN SAPUAN) 2. ) RIBUT BINTI SAIDAN 3. ) MOHD ZAHIRUDDIN BIN SHAHIDAN 4. ) NORDIN BIN AHMAD 5. ) DOLMAT BIN SALIKEN 1. ) Azhar Bin Md Samoudin (

1. ) NORMALASARI @ NORMAN SHAHFIZ BIN SALEHAN (WAKIL DIRI KEPADA ESTET DAN HARTA PUSAKA SALEHAN BIN SAPUAN) 2. ) RIBUT BINTI SAIDAN 3. ) MOHD ZAHIRUDDIN BIN SHAHIDAN 4. ) NORDIN BIN AHMAD 5. ) DOLMAT BIN SALIKEN 1. ) Azhar Bin Md Samoudin (

Plaintiffs failed to prove on the balance of probabilities that Salehan purchased the land and had a registrable beneficial interest; the constructive trust claim was not properly pleaded; the contractual cause (if existed) is time‑barred; plaintiffs (2–5) have no registrable interest or privity to defeat the...

Source-derived case information.

Citation
JB-22NCvC-11-02/2021 (Mahkamah Tinggi)
Parties
Plaintiff 1 (administrator/representative of Estate of Salehan Bin Sapuan): Normalasari @ Norman Shahfiz Bin Salehan; Plaintiff 2: Ribut Binti Saidan; Plaintiff 3: Mohd Zahiruddin Shahidan; Plaintiff 4: Nordin Bin Ahmad; Plaintiff 5: Dolmat Bin Saliken; Defendant 1 (representative/registered Transferee): Azhar Bin Md Samoudin; Defendant 2: Azhar Bin Md Samoudib
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2024
Case Number
JB-22NCvC-11-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil (land/title Dispute) / Judgment at High Court (trial)
Outcome
Plaintiffs' claims dismissed with costs. Defendants' counterclaims allowed with costs. Plaintiffs ordered to give vacant possession within six months; caveats lodged by Plaintiffs 1–3 ordered removed by the District Land Administrator and no new caveats to be accepted.
Legal Topics
Beneficial Ownership, Constructive Trust, Adverse Possession, Registrable Interest, Locus Standi, Declaratory Relief, Caveat, Limitation Period
Property Law Land Registration Equity Civil Procedure Limitation Law Evidence Law Beneficial Ownership Constructive Trust +6 more

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Parties

Normalasari @ Norman Shahfiz Bin Salehan

Plaintiff 1 (administrator/representative of Estate of Salehan Bin Sapuan)

Ribut Binti Saidan

Plaintiff 2

Mohd Zahiruddin Shahidan

Plaintiff 3

Nordin Bin Ahmad

Plaintiff 4

Dolmat Bin Saliken

Plaintiff 5

Azhar Bin Md Samoudin

Defendant 1 (representative/registered Transferee)

Azhar Bin Md Samoudib

Defendant 2

Procedural Posture

Civil (land/title Dispute) / Judgment at High Court (trial)

Legal Issues

  1. 1 Whether Salehan Binti Sapuan purchased the subject land from Md Samoudin and thereby acquired a beneficial/registrable interest
  2. 2 Whether plaintiffs have pleaded and proven a constructive trust
  3. 3 Whether plaintiffs have locus standi to pursue the claims as administrator/beneficiaries

Ratio Decidendi

Plaintiffs failed to prove on the balance of probabilities that Salehan purchased the land and had a registrable beneficial interest; the constructive trust claim was not properly pleaded; the contractual cause (if existed) is time‑barred; plaintiffs (2–5) have no registrable interest or privity to defeat the registered title; accordingly plaintiffs' claims were dismissed and defendants' counterclaims for vacant possession and removal of caveats were allowed with costs.

Court Disposition

Plaintiffs' claims dismissed with costs. Defendants' counterclaims allowed with costs. Plaintiffs ordered to give vacant possession within six months; caveats lodged by Plaintiffs 1–3 ordered removed by the District Land Administrator and no new caveats to be accepted.

Orders

  • Plaintiffs' claims dismissed with costs
  • Defendants' counterclaims for vacant possession allowed with costs