1. ) JAHIT BIN RAHMAT 2. ) Yusli Bin Ismail 1. ) Ng Kim Chooi 2. ) Mohamad Bin Sidin 3. ) Majlis Perbandaran Klang 4. ) PENTADBIR TANAH DAERAH KLANG

1. ) JAHIT BIN RAHMAT 2. ) Yusli Bin Ismail 1. ) Ng Kim Chooi 2. ) Mohamad Bin Sidin 3. ) Majlis Perbandaran Klang 4. ) PENTADBIR TANAH DAERAH KLANG

On the balance of probabilities the court found the pre-computation plan and Borang 9B contained forged signatures (including signature attributed to a deceased co-owner), D2 was not appointed and acted dishonestly and in breach of professional duties, D1 was grossly negligent (imputing fraud), and D4 processed and approved the partition negligently and not in good faith; accordingly the partition and the issued titles are null and void, plaintiffs entitled to declaratory relief, injunctions, general and exemplary damages and costs.

Citation
BA-23NCvC-22-06/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Jahit bin Rahmat; Plaintiff: Yusli bin Ismail; Defendant: Ng Kim Chooi; Defendant: Mohamad bin Sidin (MHS Survey Consultant); Defendant: Majlis Perbandaran Klang; Defendant: Pentadbir Tanah Daerah Klang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 October 2023
Case Number
BA-23NCvC-22-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (land Partition) / Judgment After Full Trial (high Court)
Outcome
Judgment for the plaintiffs; partition and titles declared null and void; declarations and injunctive relief granted; damages awarded.
Legal Topics
Partition Under National Land Code, Forgery and Fraud, Nullity of Title, Statutory and Common Law Duty of Land Office, Professional Misconduct of Licensed Land Surveyor, Exemplary Damages
Source Language
Malay/English
Land Law Property Law Administrative Law Tort Law Professional Regulation Partition Under National Land Code Forgery and Fraud Nullity of Title +3 more

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Parties

Jahit bin Rahmat

Plaintiff

Yusli bin Ismail

Plaintiff

Ng Kim Chooi

Defendant

Mohamad bin Sidin (MHS Survey Consultant)

Defendant

Majlis Perbandaran Klang

Defendant

Pentadbir Tanah Daerah Klang

Defendant

Procedural Posture

Civil (land Partition) / Judgment After Full Trial (high Court)

Legal Issues

  1. 1 whether beneficiary (P2) had locus to sue for deceased's estate
  2. 2 whether application and documents for partition involved fraud and forgery
  3. 3 whether partition and resultant titles are null and void

Ratio Decidendi

On the balance of probabilities the court found the pre-computation plan and Borang 9B contained forged signatures (including signature attributed to a deceased co-owner), D2 was not appointed and acted dishonestly and in breach of professional duties, D1 was grossly negligent (imputing fraud), and D4 processed and approved the partition negligently and not in good faith; accordingly the partition and the issued titles are null and void, plaintiffs entitled to declaratory relief, injunctions, general and exemplary damages and costs.

Court Disposition

Judgment for the plaintiffs; partition and titles declared null and void; declarations and injunctive relief granted; damages awarded.

Orders

  • Declaration that the partition of Original Land (Geran Mukim 6048 Lot 2558) into HS(M) 39940 PT 66484 and HS(M) 39941 PT 66485 is null and void
  • Injunction restraining D1, D2 and D3 from demolishing plaintiffs' houses and houses of their extended families on the 2nd Partitioned Portion built prior to issuance of the 2nd Partitioned Portion title