1. TAN YOKE MEE 2. TAN YET CHIN TAJUDIN BIN IBRAHIM & 5 LAGI

1. TAN YOKE MEE 2. TAN YET CHIN TAJUDIN BIN IBRAHIM & 5 LAGI

The Court held the SPA was valid and not void for uncertainty because the subject property was identifiable despite clerical misdescriptions; the plaintiffs had waived any condition precedent by full payment; strata title registered in the 1st respondent's name was held by him as bare trustee for the plaintiffs; accordingly declarations and a mandatory order to vest title in the plaintiffs were granted; the negligence claim against the solicitors failed on the evidence and pleading and was dismissed.

Citation
W-01-(NCVC)(W)-462-07/2018 (Mahkamah Rayuan)
Parties
Appellant (plaintiff at High Court): Tan Yoke Mee; Appellant (plaintiff at High Court): Tan Yet Chin; Respondent (defendant at High Court): Tajudin Bin Ibrahim; Respondent (defendant at High Court): Fadason Holdings Sdn Bhd; Respondent (defendant at High Court): Datuk Bandar Kuala Lumpur; Respondent (defendant at High Court): Tunas Untung Sdn Bhd; Respondent (defendant at High Court): Lee Chee Teong; Respondent (defendant at High Court): Tetuan Tengku Azlina, Rao, Low & Associates
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
22 March 2019
Case Number
W-01-(NCVC)(W)-462-07/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; declarations granted; mandatory vesting order made; negligence claim dismissed.
Legal Topics
Beneficial Ownership, Bare/constructive Trust, Conditional Sale Agreement, Misdescription of Subject Matter, Strata Title Transfer, Rectification, Solicitor Negligence, Order 80 Rules of Court
Source Language
Malay/English
Property Law Trusts Contract Law Tort (professional Negligence) Land Registration/conveyancing Beneficial Ownership Bare/constructive Trust Conditional Sale Agreement +5 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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tan Yoke Mee

Appellant (plaintiff at High Court)

Tan Yet Chin

Appellant (plaintiff at High Court)

Tajudin Bin Ibrahim

Respondent (defendant at High Court)

Fadason Holdings Sdn Bhd

Respondent (defendant at High Court)

Datuk Bandar Kuala Lumpur

Respondent (defendant at High Court)

Tunas Untung Sdn Bhd

Respondent (defendant at High Court)

Lee Chee Teong

Respondent (defendant at High Court)

Tetuan Tengku Azlina, Rao, Low & Associates

Respondent (defendant at High Court)

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the SPA was conditional and/or void for uncertainty
  2. 2 Whether plaintiffs were beneficial owners of the shop lot
  3. 3 Whether the 1st respondent holds the legal title as a trustee for the plaintiffs

Ratio Decidendi

The Court held the SPA was valid and not void for uncertainty because the subject property was identifiable despite clerical misdescriptions; the plaintiffs had waived any condition precedent by full payment; strata title registered in the 1st respondent's name was held by him as bare trustee for the plaintiffs; accordingly declarations and a mandatory order to vest title in the plaintiffs were granted; the negligence claim against the solicitors failed on the evidence and pleading and was dismissed.

Court Disposition

Appeal allowed in part; declarations granted; mandatory vesting order made; negligence claim dismissed.

Orders

  • Declaration that the plaintiffs are the beneficial owners of the property held under title PN(WP) 32992/M1/1/5, Lot No. 57297, Mukim Batu, Kuala Lumpur.
  • Declaration that the 1st respondent is trustee for the plaintiffs of the property and is bound to account for any legal estate or interest therein.