Jamil Bin Arashad (Wakil Diri Dan Waris Kepada Abdul Arshat Bin Haji Shaban @ Arshad Bin Haji Sha'ban, Si Mati) 1. ) NORDIN BIN OMAR 2. ) ABDUL RAHMAN BIN AHMAD 3. ) MOHD RAFFI BIN ABDULLAH 4. ) RHB BANK BERHAD 5. ) Pentadbir Tanah dan Daer

Jamil Bin Arashad (Wakil Diri Dan Waris Kepada Abdul Arshat Bin Haji Shaban @ Arshad Bin Haji Sha'ban, Si Mati) 1. ) NORDIN BIN OMAR 2. ) ABDUL RAHMAN BIN AHMAD 3. ) MOHD RAFFI BIN ABDULLAH 4. ) RHB BANK BERHAD 5. ) Pentadbir Tanah dan Daer

On the balance of probabilities the court found the deed poll cancellation and the Form 14A transfers were procured by fraud and forgery, thus those registrations are void/voidable; Defendants 1, 2 and 3 were involved in a fraudulent scheme and Defendant 4 (the bank) derived its charge from an immediate purchaser tainted by fraud and therefore did not obtain an indefeasible title under s.340(3) NLC; plaintiff had locus standi and limitation did not bar claims as he only discovered the fraud in 2017; Defendant 5 acted in good faith and is statutorily immune, so claims against it fail.

Citation
PA-22NCvC-122-07/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Jamil bin Arashad; Defendant 1: Nordin bin Omar / Muhammad Iqbal Khalid bin Nordin (substituted); Defendant 2: Abdul Rahman bin Ahmad; Defendant 3: Mohd Raffi bin Abdullah; Defendant 4: RHB Bank Berhad; Defendant 5: Pentadbir Tanah Daerah Seberang Perai Utara, Pulau Pinang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 March 2024
Case Number
PA-22NCvC-122-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Action Land/property Dispute (fraudulent Transfer, Charge, Registration) / Full Trial Judgment (final Decision)
Outcome
Judgment partly for plaintiff: declarations and orders granted against Defendants 1, 3 and 4 as pleaded; claims against Defendant 5 dismissed; other damages refused; costs awarded.
Legal Topics
Indefeasibility (deferred) Under National Land Code, Joint Tenancy and Deed Poll Cancellation, Fraud and Forgery in Land Transactions, Validity of Transfers and Charges (forms 14 A/16 A), Locus Standi of Beneficiary/ Heir, Limitation and Statutory Immunity of Public Authorities
Source Language
Malay/English
Property Law Land Registration Equity and Trusts Banking and Security Civil Procedure Administrative Law Indefeasibility (deferred) Under National Land Code Joint Tenancy and Deed Poll Cancellation +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Jamil bin Arashad

Plaintiff

Nordin bin Omar / Muhammad Iqbal Khalid bin Nordin (substituted)

Defendant 1

Abdul Rahman bin Ahmad

Defendant 2

Mohd Raffi bin Abdullah

Defendant 3

RHB Bank Berhad

Defendant 4

Pentadbir Tanah Daerah Seberang Perai Utara, Pulau Pinang

Defendant 5

Procedural Posture

Civil Action Land/property Dispute (fraudulent Transfer, Charge, Registration) / Full Trial Judgment (final Decision)

Legal Issues

  1. 1 Whether plaintiff has locus standi to challenge transfers and charge
  2. 2 Whether limitation bars the plaintiff's claim
  3. 3 Whether cancellation of joint tenancy and subsequent transfers were effected by fraud/forgery

Ratio Decidendi

On the balance of probabilities the court found the deed poll cancellation and the Form 14A transfers were procured by fraud and forgery, thus those registrations are void/voidable; Defendants 1, 2 and 3 were involved in a fraudulent scheme and Defendant 4 (the bank) derived its charge from an immediate purchaser tainted by fraud and therefore did not obtain an indefeasible title under s.340(3) NLC; plaintiff had locus standi and limitation did not bar claims as he only discovered the fraud in 2017; Defendant 5 acted in good faith and is statutorily immune, so claims against it fail.

Court Disposition

Judgment partly for plaintiff: declarations and orders granted against Defendants 1, 3 and 4 as pleaded; claims against Defendant 5 dismissed; other damages refused; costs awarded.

Orders

  • Declaration that the cancellation with right of survivorship registered under No. Perserahan 0702B2006000066 dated 19.1.2006 is void, null and set aside
  • Declaration that the memorandum of transfer (Form 14A) dated 27.10.2005 registered 19.1.2006 to Defendant 1 is void, null and set aside