BERO BIN ISHAK 1. ) AHMAD FAIZAL BIN SARMIN 2. ) JAGUH BAKTI SDN. BHD. 3. ) Pentadbir Tanah Daerah Sepang

BERO BIN ISHAK 1. ) AHMAD FAIZAL BIN SARMIN 2. ) JAGUH BAKTI SDN. BHD. 3. ) Pentadbir Tanah Daerah Sepang

On balance of probabilities the plaintiff proved entitlement to relief by virtue of the unappealed 31-12-2012 High Court order declaring plaintiff beneficial owner; defendants failed to raise bona fide triable issues supported by affidavit evidence; therefore summary judgment under Order 14 was appropriate and plaintiff's claims for declarations and associated reliefs are allowed, with specified cost orders and refusal of certain damage claims.

Citation
BA-22NCvC-30-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff: BERO BIN ISHAK; Defendant 1: AHMAD FAIZAL BIN SARMIN; Defendant 2: JAGUH BAKTI SDN BHD; Defendant 3: PENTADBIR TANAH PEJABAT TANAH DAERAH SEPANG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 July 2022
Case Number
BA-22NCvC-30-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Land/title Dispute / Application for Summary Judgment (order 14)heard and Judgment Given
Outcome
Application for summary judgment granted in favour of the plaintiff; plaintiff’s title as declared in 2012 held binding and defendants’ defences dismissed as not meritorious
Legal Topics
Summary Judgment, Beneficial Ownership, Bare Trust, Specific Performance, Caveat, Title Challenge, Res Judicata
Source Language
Malay/English
Property Law Trusts and Equity Civil Procedure Land Registration Law Injunctions Summary Judgment Beneficial Ownership Bare Trust +4 more

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Parties

BERO BIN ISHAK

Plaintiff

AHMAD FAIZAL BIN SARMIN

Defendant 1

JAGUH BAKTI SDN BHD

Defendant 2

PENTADBIR TANAH PEJABAT TANAH DAERAH SEPANG

Defendant 3

Procedural Posture

Civil Land/title Dispute / Application for Summary Judgment (order 14)heard and Judgment Given

Legal Issues

  1. 1 Whether the plaintiff is the beneficial owner by virtue of a prior High Court order dated 31-12-2012
  2. 2 Whether subsequent transfers to Defendant 1 and Defendant 2 are void as against the plaintiff
  3. 3 Whether defendants raised triable issues sufficient to defeat an Order 14 summary judgment application

Ratio Decidendi

On balance of probabilities the plaintiff proved entitlement to relief by virtue of the unappealed 31-12-2012 High Court order declaring plaintiff beneficial owner; defendants failed to raise bona fide triable issues supported by affidavit evidence; therefore summary judgment under Order 14 was appropriate and plaintiff's claims for declarations and associated reliefs are allowed, with specified cost orders and refusal of certain damage claims.

Court Disposition

Application for summary judgment granted in favour of the plaintiff; plaintiff’s title as declared in 2012 held binding and defendants’ defences dismissed as not meritorious

Orders

  • Declarations granted that plaintiff is the beneficial owner and that the 2012 High Court order is effective and binding with respect to the disputed land
  • Declarations and orders that transfers effected from Sarmin bin Maarof to Defendant 1 and from Defendant 1 to Defendant 2 are void as against the plaintiff in relation to the plaintiff’s beneficial interest (as held in the 2012 order)