SULAIMAN BIN YAKOOB 1. ) AHMAD SUKRI BIN LAIDIN 2. ) LATIFAH BINTI OSMAN 3. ) Abdul Hamid Samad Bin Shafie 4. ) Tajri Bin Osman 5. ) LEMBAGA KEMAJUAN TANAH PERSEKUTUAN & WAKIL-WAKILNYA (TANAH JENGKA 22 (TERKIS) PAHANG) 6. ) PENTADBIR TANAH

SULAIMAN BIN YAKOOB 1. ) AHMAD SUKRI BIN LAIDIN 2. ) LATIFAH BINTI OSMAN 3. ) Abdul Hamid Samad Bin Shafie 4. ) Tajri Bin Osman 5. ) LEMBAGA KEMAJUAN TANAH PERSEKUTUAN & WAKIL-WAKILNYA (TANAH JENGKA 22 (TERKIS) PAHANG) 6. ) PENTADBIR TANAH

On the balance of probabilities the Court found the Plaintiff did not consent to or sign documents effecting the transfer; the original ROH remained in the Plaintiffs name and FELDA procedures were not followed (Form C lacked required accompanying documentation and officer endorsement); forensic evidence did not corroborate signatures. Therefore the purported transfer to Defendants was procured by fraud and the Forms C/C1 and resulting registration (Forms D/E and title registered) are invalid and must be set aside; Registrar must correct records and Defendants removed from registration; costs awarded to Plaintiff.

Citation
CB-22NCvC-7-03/2018 (Mahkamah Tinggi)
Parties
Plaintiff (representing Estate of Sulaiman Bin Yakoob): Suhaimi bin Sulaiman; Defendant First: Ahmad Shukri bin Laidin; Defendant Second: Latifah binti Osman; Defendant Fourth: Tajri bin Osman; Defendant Sixth: Pentadbir Tanah Daerah Maran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 May 2022
Case Number
CB-22NCvC-7-03/2018 (Mahkamah Tinggi)
Procedural Posture
Civil (property / Fraud) / Judgment (trial)
Outcome
Court set aside the transfers and registered title in favour of Defendants; ordered correction of registration and awarded costs to Plaintiff.
Legal Topics
Fraudulent Transfer of Land, FELDA Group Settlement Act Interpretation, Assignment of Occupier Rights (form C), Register of Holdings (roh) Vs Registered Title (form D/e), Limitation and Discovery Rule, Laches
Source Language
Malay/English
Land Law Property Law Equity Administrative Law Limitation Law Fraudulent Transfer of Land FELDA Group Settlement Act Interpretation Assignment of Occupier Rights (form C) +3 more

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Parties

Suhaimi bin Sulaiman

Plaintiff (representing Estate of Sulaiman Bin Yakoob)

Ahmad Shukri bin Laidin

Defendant First

Latifah binti Osman

Defendant Second

Tajri bin Osman

Defendant Fourth

Pentadbir Tanah Daerah Maran

Defendant Sixth

Procedural Posture

Civil (property / Fraud) / Judgment (trial)

Legal Issues

  1. 1 Whether the transfer of title from Sulaiman bin Yakoob to Defendant First was effected by fraud and is void
  2. 2 Whether the Plaintiff consented or surrendered the holding to Defendant First
  3. 3 Whether discrepancies between the Register of Holdings (ROH) and Forms C/D/E indicate fraud or valid transfer

Ratio Decidendi

On the balance of probabilities the Court found the Plaintiff did not consent to or sign documents effecting the transfer; the original ROH remained in the Plaintiffs name and FELDA procedures were not followed (Form C lacked required accompanying documentation and officer endorsement); forensic evidence did not corroborate signatures. Therefore the purported transfer to Defendants was procured by fraud and the Forms C/C1 and resulting registration (Forms D/E and title registered) are invalid and must be set aside; Registrar must correct records and Defendants removed from registration; costs awarded to Plaintiff.

Court Disposition

Court set aside the transfers and registered title in favour of Defendants; ordered correction of registration and awarded costs to Plaintiff.

Orders

  • Transfer of the holding by Form C/C1 dated 21.05.1991 and any title registered on 09.02.2013 or related dates is declared cancelled and void
  • Names of Defendant First and Defendant Second (Defendant Second corresponds to registered co-holder) removed from registration and record in Form D and Form E