NORAINI BINTI MOHAMED HADI PEMBANGUNAN TANAH DAN PERUMAHAN SENDIRIAN BERHAD

NORAINI BINTI MOHAMED HADI PEMBANGUNAN TANAH DAN PERUMAHAN SENDIRIAN BERHAD

On the balance of probabilities the Court found the defendant accepted and issued receipts evidencing full payment by the first purchaser and thereby adopted/ratified the First SPA; ancient documents had a ring of truth and were admissible under Evidence Act s90/s32/s73A; equity therefore imposed a constructive/bare trust on the defendant to hold the subdivided title for the plaintiff who had paid valuable consideration and taken possession; limitation and laches did not bar the equitable claim; accordingly the appeal was allowed and the defendant ordered to transfer the title.

Citation
J-02 (NCvC)(W)-1802-09/2018 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Noraini binti Mohamed Hadi; Respondent / Defendant: Pembangunan Tanah dan Perumahan Sdn Bhd
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
28 November 2019
Case Number
J-02 (NCvC)(W)-1802-09/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeal (final)
Outcome
Appeal allowed. High Court judgment set aside. Declaration that respondent holds Geran 316324 Lot 29589 Mukim Plentong as trustee for appellant and must transfer title; costs awarded to appellant.
Legal Topics
Constructive Trust, Bare Trustee, Ratification of Contract, Admissibility of Historical Documents (evidence Act S90, S32, S73 A), Sale and Purchase of Undivided Land/sub Sale, Nemo Dat Quod Non Habet and Sale in Futuro, Specific Performance, Assignment, Registrar's Caveat, Limitation and Laches
Source Language
Malay/English
Property Law Trusts and Equity Evidence Contract Law Civil Procedure Limitation Law Criminal Allegations (context) Constructive Trust +9 more

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Parties

Noraini binti Mohamed Hadi

Appellant / Plaintiff

Pembangunan Tanah dan Perumahan Sdn Bhd

Respondent / Defendant

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeal (final)

Legal Issues

  1. 1 Whether defendant had ratified or adopted the January 1968 SPA by accepting payment and issuing receipts
  2. 2 Whether the defendant holds the subdivided title as a bare or constructive trustee for the purchaser and must effect transfer
  3. 3 Whether ancient documents (receipts, schedule, SPAs) were admissible under Evidence Act s90 and exceptions s32 and s73A

Ratio Decidendi

On the balance of probabilities the Court found the defendant accepted and issued receipts evidencing full payment by the first purchaser and thereby adopted/ratified the First SPA; ancient documents had a ring of truth and were admissible under Evidence Act s90/s32/s73A; equity therefore imposed a constructive/bare trust on the defendant to hold the subdivided title for the plaintiff who had paid valuable consideration and taken possession; limitation and laches did not bar the equitable claim; accordingly the appeal was allowed and the defendant ordered to transfer the title.

Court Disposition

Appeal allowed. High Court judgment set aside. Declaration that respondent holds Geran 316324 Lot 29589 Mukim Plentong as trustee for appellant and must transfer title; costs awarded to appellant.

Orders

  • Declare that respondent is trustee for appellant of Geran 316324 Lot 29589 Mukim Plentong, Johor Bahru
  • Respondent to execute and deliver necessary instruments of transfer within 7 days from date of order, failing which the Pengarah Tanah dan Galian or relevant officer is authorized to execute transfer