MEGA MEISA SDN BHD & 2 LAGI MUSTAPAH BIN DORANI

MEGA MEISA SDN BHD & 2 LAGI MUSTAPAH BIN DORANI

The Court of Appeal affirmed the High Court: the plaintiff had locus standi as trustee/representative via caveat; the SPA and JVA are interrelated and read together; evidence established actual fraud by the defendants in obtaining registration so the registered title was defeasible under s340(2) NLC; limitation did...

Source-derived case information.

Citation
W-02(NCVC)(W)-395-02/2018 (Mahkamah Rayuan)
Parties
Appellant: Mega Meisa Sdn Bhd; Appellant: Yusoff Shah bin Husain Shah; Appellant: Abd Halim bin Mahmud; Respondent: Mustapah bin Dorani
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
18 March 2019
Case Number
W-02(NCVC)(W)-395-02/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment Affirming High Court (appeals Dismissed)
Outcome
Appeals dismissed; High Court judgment affirmed
Legal Topics
Indefeasibility of Title, Deferred Indefeasibility, Joint Venture Agreement, Sale and Purchase Agreement, Letter of Guarantee, Condition Precedent, Parol Evidence Rule, Caveat and Equitable Interest, Rescission and Damages, Public Policy/illegality
Land Law Contract Law Equity and Trusts Limitation Law Fraud Evidence Law Administrative/statutory Law (national Land Code) Indefeasibility of Title +9 more

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Parties

Mega Meisa Sdn Bhd

Appellant

Yusoff Shah bin Husain Shah

Appellant

Abd Halim bin Mahmud

Appellant

Mustapah bin Dorani

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment Affirming High Court (appeals Dismissed)

Legal Issues

  1. 1 Whether plaintiff had locus standi to sue as representative/trustee of original proprietors
  2. 2 Whether registration of title in first defendant was obtained by fraud making it defeasible under s340 NLC
  3. 3 Whether SPA and JVA are distinct or to be read together and whether parol evidence was admissible

Ratio Decidendi

The Court of Appeal affirmed the High Court: the plaintiff had locus standi as trustee/representative via caveat; the SPA and JVA are interrelated and read together; evidence established actual fraud by the defendants in obtaining registration so the registered title was defeasible under s340(2) NLC; limitation did not bar the claim because of fraud; consequently the transfers were set aside and the plaintiff entitled to RM2,146,000 and transfer relief; appeals dismissed.

Court Disposition

Appeals dismissed; High Court judgment affirmed

Orders

  • Declaration that all instruments of transfer relating to the said land are null and void
  • Order that the first defendant transfer the said land to the plaintiff and execute relevant instruments within 14 days (order confirmed)