Mohd Affandi Bin Ahmad 1. ) PEMBANGUNAN TANAH DAN PERUMAHAN SDN. BHD 2. ) Q-DEVELOPMENT SDN BHD 3. ) MALAYAN BANKING BERHAD

Mohd Affandi Bin Ahmad 1. ) PEMBANGUNAN TANAH DAN PERUMAHAN SDN. BHD 2. ) Q-DEVELOPMENT SDN BHD 3. ) MALAYAN BANKING BERHAD

On the balance of probabilities the Plaintiffs proved that predecessors paid full purchase price and were in possession, rendering the First Defendant a bare/constructive trustee; therefore the First Defendant's registered title was defeasible under s.340(4)(b) NLC; the Second Defendant failed to prove it was a bona fide purchaser for valuable consideration and thus its title to Lots 97 and 716 is set aside; charges in favour of the Third Defendant deriving from the Second Defendant are likewise defeasible; contemporaneous ledgers and receipts were admissible and credible under Evidence Act provisions; limitation and laches did not bar the equitable claim.

Citation
JA-22NCvC-190-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Mohd Affandi bin Ahmad; Plaintiff: Aminah bt Ahmad (as co-administrator of estate of Ahmad bin Buang); First Defendant: Pembangunan Tanah dan Perumahan Sdn. Bhd.; Second Defendant: Q-Development Sdn Bhd; Third Defendant: Malayan Banking Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2022
Case Number
JA-22NCvC-190-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (land/title) / Judgment Delivered (trial)
Outcome
Plaintiffs' claim allowed in respect of Lots 430, 97, 607 and 716; First and Second Defendants' counterclaims dismissed; Second Defendant's title to Lots 97 and 716 set aside; charges registered in favour of Third Defendant set aside; Plaintiffs' claim for general damages dismissed; costs awarded to Plaintiffs...
Legal Topics
Constructive/bare Trust, Indefeasibility of Title (s.340 Nlc), Bona Fide Purchaser for Value, Nemo Dat Quod Non Habet, Admissibility of Business Records (evidence Act Ss32, 73 a, 90), Laches and Limitation, Validity of Bank Charges
Source Language
Malay/English
Property Law Trusts and Equity Land Registration (torrens) Evidence Law Limitation Law Constructive/bare Trust Indefeasibility of Title (s.340 Nlc) Bona Fide Purchaser for Value +4 more

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Parties

Mohd Affandi bin Ahmad

Plaintiff

Aminah bt Ahmad (as co-administrator of estate of Ahmad bin Buang)

Plaintiff

Pembangunan Tanah dan Perumahan Sdn. Bhd.

First Defendant

Q-Development Sdn Bhd

Second Defendant

Malayan Banking Berhad

Third Defendant

Procedural Posture

Civil Suit (land/title) / Judgment Delivered (trial)

Legal Issues

  1. 1 Whether Plaintiffs are beneficial owners of Lots 430, 97, 607 and 716
  2. 2 Whether First Defendant held the lots on constructive/bare trust for predecessors/Plaintiffs
  3. 3 Whether nemo dat prevents Plaintiffs' claim or SPAs enforceable

Ratio Decidendi

On the balance of probabilities the Plaintiffs proved that predecessors paid full purchase price and were in possession, rendering the First Defendant a bare/constructive trustee; therefore the First Defendant's registered title was defeasible under s.340(4)(b) NLC; the Second Defendant failed to prove it was a bona fide purchaser for valuable consideration and thus its title to Lots 97 and 716 is set aside; charges in favour of the Third Defendant deriving from the Second Defendant are likewise defeasible; contemporaneous ledgers and receipts were admissible and credible under Evidence Act provisions; limitation and laches did not bar the equitable claim.

Court Disposition

Plaintiffs' claim allowed in respect of Lots 430, 97, 607 and 716; First and Second Defendants' counterclaims dismissed; Second Defendant's title to Lots 97 and 716 set aside; charges registered in favour of Third Defendant set aside; Plaintiffs' claim for general damages dismissed; costs awarded to Plaintiffs...

Orders

  • Declaration that Plaintiffs are beneficial owners of Lots 430, 97, 607 and 716
  • Set aside transfer of Lots 97 and 716 to Second Defendant and set aside charges registered in favour of Third Defendant