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 their predecessors paid the full purchase price and took possession, making the First Defendant a bare/constructive trustee of Lots 430, 97, 607 and 716; because the Second Defendant failed to prove it was a bona fide purchaser for valuable consideration the Second Defendant's registered title to Lots 97 and 716 is defeasible and set aside; consequently charges in favour of the Third Defendant (which derived title through the Second Defendant) are also set aside; Plaintiffs' claim not statute-barred by Limitation Act s.22 and laches did not bar relief; counterclaims by First and Second Defendants dismissed; costs awarded to...

Citation
JA-22NCvC-190-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Mohd Affandi bin Ahmad; Plaintiff: Aminah bt Ahmad (in her capacity as administrator of the 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 Dispute) / Judgment (grounds of Judgment)
Outcome
Plaintiffs' claim allowed in respect of ownership of Lots 430, 97, 607 and 716; First and Second Defendants' counterclaims dismissed; Second Defendant's registered title to Lots 97 and 716 set aside; charges registered in favour of Third Defendant in respect of Lots 97 and 716 set aside.
Legal Topics
Constructive/bare Trust, Indefeasibility Under Torrens System, Nemo Dat Quod Non Habet, Bona Fide Purchaser for Value, Admissibility of Historic Business Records, Limitation and Laches, Title Setting Aside and Charges
Source Language
Malay/English
Property Law Trusts and Equity Land Registration Law Civil Procedure Evidence Law Limitation Law Constructive/bare Trust Indefeasibility Under Torrens System +5 more

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Parties

Mohd Affandi bin Ahmad

Plaintiff

Aminah bt Ahmad (in her capacity as administrator of the 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 Dispute) / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether Plaintiffs are beneficial owners of Lots 430, 97, 607 and 716
  2. 2 Whether First Defendant held the Lots as bare/constructive trustee after receipt of full purchase price
  3. 3 Whether nemo dat quod non habet prevents First Defendant passing title and applicability of deferred indefeasibility under s.340 NLC

Ratio Decidendi

On the balance of probabilities the Plaintiffs proved that their predecessors paid the full purchase price and took possession, making the First Defendant a bare/constructive trustee of Lots 430, 97, 607 and 716; because the Second Defendant failed to prove it was a bona fide purchaser for valuable consideration the Second Defendant's registered title to Lots 97 and 716 is defeasible and set aside; consequently charges in favour of the Third Defendant (which derived title through the Second Defendant) are also set aside; Plaintiffs' claim not statute-barred by Limitation Act s.22 and laches did not bar relief; counterclaims by First and Second Defendants dismissed; costs awarded to...

Court Disposition

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

Orders

  • Declare Plaintiffs are beneficial owners of Lots 430, 97, 607 and 716 and First Defendant held those Lots on trust for Plaintiffs
  • Set aside registration of title in the name of Second Defendant for Lots 97 and 716