MAT JUSOH BIN IBRAHIM 1. ) RAMLAH BT IBRAHIM 2. ) PENTADBIR TANAH PEJABAT TANAH DAN JAJAHAN KOTA BHARU

MAT JUSOH BIN IBRAHIM 1. ) RAMLAH BT IBRAHIM 2. ) PENTADBIR TANAH PEJABAT TANAH DAN JAJAHAN KOTA BHARU

On the balance of probabilities Plaintiff failed to prove fraud or misrepresentation in obtaining his signature; the attested transfer (Exhibit D3) was properly executed and registered; absent proof of fraud under section 340(2) NLC the registered title and transfer stand; accordingly the Plaintiff's claim is dismissed and costs awarded to Defendant 1.

Citation
DA-21NCvC-6-02/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Mat Jusoh bin Ibrahim; Defendant 1: Ramlah bt Ibrahim; Defendant 2: Pentadbir Tanah, Pejabat Tanah dan Jajahan Kota Bharu
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2022
Case Number
DA-21NCvC-6-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil (land/title Dispute) / Judgment on Merits
Outcome
Plaintiff's claim dismissed; transfer (Exhibit D3) held valid and regular; no trespass by Defendant 1
Legal Topics
Indefeasibility of Title, Non Est Factum, Burden of Proof, Attested Documents, Parol Evidence Rule, Registration Under Torrens System
Source Language
Malay/English
Property Law Land Registration Law Evidence Law Tort Misrepresentation/fraud Indefeasibility of Title Non Est Factum Burden of Proof Attested Documents +2 more

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Parties

Mat Jusoh bin Ibrahim

Plaintiff

Ramlah bt Ibrahim

Defendant 1

Pentadbir Tanah, Pejabat Tanah dan Jajahan Kota Bharu

Defendant 2

Procedural Posture

Civil (land/title Dispute) / Judgment on Merits

Legal Issues

  1. 1 Whether the transfer via Perserahan No.1590/2007 (Form 14A) was procured by fraud/misrepresentation and thus voidable
  2. 2 Whether the registered title is indefeasible under sections 89 and 340 of the National Land Code
  3. 3 Whether doctrines such as non est factum or exceptions to the parol evidence rule allow oral evidence to defeat the written transfer

Ratio Decidendi

On the balance of probabilities Plaintiff failed to prove fraud or misrepresentation in obtaining his signature; the attested transfer (Exhibit D3) was properly executed and registered; absent proof of fraud under section 340(2) NLC the registered title and transfer stand; accordingly the Plaintiff's claim is dismissed and costs awarded to Defendant 1.

Court Disposition

Plaintiff's claim dismissed; transfer (Exhibit D3) held valid and regular; no trespass by Defendant 1

Orders

  • Plaintiff's claim against Defendant 1 dismissed
  • Costs to Defendant 1 in the sum of RM 35000.00 subject to taxation