1. ) MARZUKI BIN USOP 2. ) ROSHAZUWAN BIN HALIM ROSHAMIDI BIN HALIM

1. ) MARZUKI BIN USOP 2. ) ROSHAZUWAN BIN HALIM ROSHAMIDI BIN HALIM

The 2018 SKW in favour of Defendant First remained valid and unrevoked, therefore the later SKW dated 27.5.2021 purporting to grant the same powers to Plaintiff First was ineffective; Plaintiff First lacked locus to prosecute the claim, Plaintiff Second as registered proprietor retained standing under the Torrens system, and several genuine disputes of fact require a full trial; accordingly the plaintiffs' summary application was dismissed and costs awarded to defendants.

Citation
DA-24NCvC-373-12/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Marzuki bin Usop; Plaintiff: Roshazuwan bin Halim; Defendant: Roshamidi bin Halim; Defendant: Orang-orang yang menduduki di No.178, Taman Sri Cemerlang, 15300 Kota Bharu, Kelantan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 December 2022
Case Number
DA-24NCvC-373-12/2021 (Mahkamah Tinggi)
Procedural Posture
Ejectment/possession (vacant Possession) / Summary Procedure Decision (order 89) by High Court
Outcome
Plaintiffs' application dismissed
Legal Topics
Ejectment, Power of Attorney (surat Kuasa Wakil), Locus Standi, Torrens Indefeasibility, Summary Procedure (order 89), Costs
Source Language
Malay/English
Property Law Land Law Insolvency Law Civil Procedure Ejectment Power of Attorney (surat Kuasa Wakil) Locus Standi Torrens Indefeasibility +2 more

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Parties

Marzuki bin Usop

Plaintiff

Roshazuwan bin Halim

Plaintiff

Roshamidi bin Halim

Defendant

Orang-orang yang menduduki di No.178, Taman Sri Cemerlang, 15300 Kota Bharu, Kelantan

Defendant

Procedural Posture

Ejectment/possession (vacant Possession) / Summary Procedure Decision (order 89) by High Court

Legal Issues

  1. 1 Validity and enforceability of SKW dated 27.5.2021
  2. 2 Validity and enforceability of SKW dated 6.2.2018 in favour of Defendant First
  3. 3 Whether Defendant First has locus to defend proceedings

Ratio Decidendi

The 2018 SKW in favour of Defendant First remained valid and unrevoked, therefore the later SKW dated 27.5.2021 purporting to grant the same powers to Plaintiff First was ineffective; Plaintiff First lacked locus to prosecute the claim, Plaintiff Second as registered proprietor retained standing under the Torrens system, and several genuine disputes of fact require a full trial; accordingly the plaintiffs' summary application was dismissed and costs awarded to defendants.

Court Disposition

Plaintiffs' application dismissed

Orders

  • Plaintiffs (jointly) ordered to pay costs of RM6,000 to Defendants (jointly) subject to 4% allocated interest