KH-BASE ENGINEERING SDN BHD 1. ) RHB BANK BERHAD 2. ) Pentadbir Tanah Daerah Seberang Perai Tengah

KH-BASE ENGINEERING SDN BHD 1. ) RHB BANK BERHAD 2. ) Pentadbir Tanah Daerah Seberang Perai Tengah

The Court held the Affidavit Pembetulan was a bona fide correction of an erroneous exhibit that introduced no new facts and caused no prejudice, the Form 16D dated 12 January 2024 was duly served on the applicant at multiple addresses, and the Land Administrator complied with s262 by proceeding ex parte when satisfied summons was properly served; accordingly there was no breach of statutory duty or natural justice and the Order for Sale was valid.

Citation
PA-24NCvC-469-04/2025 (Mahkamah Tinggi)
Parties
Applicant: KH-BASE ENGINEERING SDN BHD; First Respondent: RHB BANK BERHAD; Second Respondent: Pentadbir Tanah Daerah Seberang Perai Tengah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 October 2025
Case Number
PA-24NCvC-469-04/2025 (Mahkamah Tinggi)
Procedural Posture
Appeal Against Land Administrator's Order for Sale (originating Summons) / Judgment
Outcome
Originating Summons dismissed; Order for Sale affirmed
Legal Topics
Order for Sale, Service of Notice (form 16 D), Natural Justice/right to Be Heard, Admissibility of Affidavits, Preliminary Objections
Source Language
Malay/English
Land Law Civil Procedure Administrative Law Constitutional Law Order for Sale Service of Notice (form 16 D) Natural Justice/right to Be Heard Admissibility of Affidavits +1 more

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Parties

KH-BASE ENGINEERING SDN BHD

Applicant

RHB BANK BERHAD

First Respondent

Pentadbir Tanah Daerah Seberang Perai Tengah

Second Respondent

Procedural Posture

Appeal Against Land Administrator's Order for Sale (originating Summons) / Judgment

Legal Issues

  1. 1 Admissibility of Affidavit Pembetulan filed after exchange of submissions
  2. 2 Alleged defect in Originating Summons due to affidavit formalities
  3. 3 Whether Form 16D was validly served under s254 National Land Code

Ratio Decidendi

The Court held the Affidavit Pembetulan was a bona fide correction of an erroneous exhibit that introduced no new facts and caused no prejudice, the Form 16D dated 12 January 2024 was duly served on the applicant at multiple addresses, and the Land Administrator complied with s262 by proceeding ex parte when satisfied summons was properly served; accordingly there was no breach of statutory duty or natural justice and the Order for Sale was valid.

Court Disposition

Originating Summons dismissed; Order for Sale affirmed

Orders

  • Enclosure 1 (Originating Summons) dismissed
  • Order for Sale granted by Second Respondent on 23 January 2025 is valid and affirmed