BETAH BINTI ABAS 1. ) ISMAIL @ RAHMAN BIN ABDUL RAHMAN 2. ) MOHAMED JAMIN BIN AWANG CHEK 3. ) PENTADBIR TANAH DAERAH KUALA LANGAT 4. ) PENGARAH TANAH DAN GALIAN SELANGOR 5. ) Kerajaan Negeri Selangor

BETAH BINTI ABAS 1. ) ISMAIL @ RAHMAN BIN ABDUL RAHMAN 2. ) MOHAMED JAMIN BIN AWANG CHEK 3. ) PENTADBIR TANAH DAERAH KUALA LANGAT 4. ) PENGARAH TANAH DAN GALIAN SELANGOR 5. ) Kerajaan Negeri Selangor

Court held plaintiff established a prima facie case that the Power of Attorney dated 8.11.2005 was not shown to be validly executed and that defendants who relied on it (notably D1 and D2) failed to discharge the onus to prove its validity; mandatory attestation requirements were not complied with and registration...

Source-derived case information.

Citation
BA-21NCvC-72-12/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Betah Binti Abas; Defendant 1: Ismail @ Rahman bin Abdul Rahman; Defendant 2: Mohamed Jamin bin Awang Cek; Defendant 3: Pentadbir Tanah Daerah Kuala Langat; Defendant 4: Pengarah Tanah dan Galian Negeri Selangor; Defendant 5: Kerajaan Negeri Selangor; Defendant 6: Pentadbir Tanah Daerah Kuala Langat (Unit Pembahagian Harta Pusaka Selangor Barat Daya Jabatan Ketua Pengarah Tanah dan Galian (Persekutuan) Negeri Selangor)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 March 2024
Case Number
BA-21NCvC-72-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Property and Tort Claim (action for Declaration, Conversion, Detinue and Damages) / Judgment on Merits (trial Concluded and Reasons Delivered)
Outcome
Plaintiff's claim partially allowed; court set aside/declared void the transfers procured by the impugned Power of Attorney and Form 14A and found defendants liable as to particulars in judgment
Legal Topics
Power of Attorney Validity and Attestation, National Land Code Registration and Protection, Forgery and Fraudulent Transfer, Burden of Proof and Evidential Onus, Conversion and Detinue, Vicarious Liability, Exemplary and Aggravated Damages
Property Law Tort Law Evidence Law Administrative Law Power of Attorney Validity and Attestation National Land Code Registration and Protection Forgery and Fraudulent Transfer Burden of Proof and Evidential Onus +3 more

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Parties

Betah Binti Abas

Plaintiff

Ismail @ Rahman bin Abdul Rahman

Defendant 1

Mohamed Jamin bin Awang Cek

Defendant 2

Pentadbir Tanah Daerah Kuala Langat

Defendant 3

Pengarah Tanah dan Galian Negeri Selangor

Defendant 4

Kerajaan Negeri Selangor

Defendant 5

Pentadbir Tanah Daerah Kuala Langat (Unit Pembahagian Harta Pusaka Selangor Barat Daya Jabatan Ketua Pengarah Tanah dan Galian (Persekutuan) Negeri Selangor)

Defendant 6

Procedural Posture

Civil Property and Tort Claim (action for Declaration, Conversion, Detinue and Damages) / Judgment on Merits (trial Concluded and Reasons Delivered)

Legal Issues

  1. 1 Who bears the burden to prove validity of a Power of Attorney used to support a land transfer?
  2. 2 Whether mandatory witnessing and attestation requirements under the Powers of Attorney Act 1949 (Form I) and s211 and Fifth Schedule of the National Land Code 1965 were complied with
  3. 3 Whether the Power of Attorney dated 8.11.2005 was forged or procured by fraud

Ratio Decidendi

Court held plaintiff established a prima facie case that the Power of Attorney dated 8.11.2005 was not shown to be validly executed and that defendants who relied on it (notably D1 and D2) failed to discharge the onus to prove its validity; mandatory attestation requirements were not complied with and registration did not cure a forged instrument, therefore transfers effected via the impugned PA/Form 14A are void; defendants D2 and D3 were negligent in statutory duties and D4/D5 vicariously liable; plaintiff entitled to remedies for conversion/detinue and to aggravated/exemplary relief as ordered.

Court Disposition

Plaintiff's claim partially allowed; court set aside/declared void the transfers procured by the impugned Power of Attorney and Form 14A and found defendants liable as to particulars in judgment

Orders

  • Partial judgment in favour of Plaintiff as per reasons delivered and order dated 7.2.2024 and reasons dated 11.4.2024
  • Declared the Power of Attorney dated 8.11.2005 and the transfer by Form 14A procured thereby to be invalid/void and the subsequent transfer to Defendant 1 void