MOHD ZAWAWI BIN MAT GHANI RUSLINA BINTI CHE OMAR (DAN PENGHUNI-PENGHUNI DI ATAS LOT 2499 GM 2052, KG. TAWANG, MUKIM TAWANG, JAJAHAN BACHOK, KELANTAN)

MOHD ZAWAWI BIN MAT GHANI RUSLINA BINTI CHE OMAR (DAN PENGHUNI-PENGHUNI DI ATAS LOT 2499 GM 2052, KG. TAWANG, MUKIM TAWANG, JAJAHAN BACHOK, KELANTAN)

Plaintiff, being the registered proprietor with title transferred and indefeasibility preserved by Section 340(2) and following prior successful declarations up to the Court of Appeal, is the lawful owner of the whole parcel; the question of ownership is res judicata and defendants have no legal estate to defeat the...

Source-derived case information.

Citation
DA-24NCVC-3-01/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Mohd Zawawi bin Mat Ghani; Defendant: Ruslina binti Che Omar and other occupiers of Lot 2499 GM 2052, Kg. Tawang, Mukim Pauh Sembilan, Jajahan Bachok, Kelantan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 August 2021
Case Number
DA-24NCVC-3-01/2021 (Mahkamah Tinggi)
Procedural Posture
Saman Pemula for Vacant Possession of Land / Judgment of the High Court (final Decision at Trial Level)
Outcome
Plaintiff's application for vacant possession allowed
Legal Topics
Vacant Possession, Registered Title and Indefeasibility, Res Judicata, Licensee Vs Trespasser, Mortgage/charge
Property Law Land Law Civil Procedure Vacant Possession Registered Title and Indefeasibility Res Judicata Licensee Vs Trespasser Mortgage/charge

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Parties

Mohd Zawawi bin Mat Ghani

Plaintiff

Ruslina binti Che Omar and other occupiers of Lot 2499 GM 2052, Kg. Tawang, Mukim Pauh Sembilan, Jajahan Bachok, Kelantan

Defendant

Procedural Posture

Saman Pemula for Vacant Possession of Land / Judgment of the High Court (final Decision at Trial Level)

  1. 1 Whether the plaintiff is the registered owner of the land
  2. 2 Whether the defendants have any legal right to occupy the land or are trespassers/licensees
  3. 3 Whether the issue of ownership is res judicata in light of earlier decisions

Ratio Decidendi

Plaintiff, being the registered proprietor with title transferred and indefeasibility preserved by Section 340(2) and following prior successful declarations up to the Court of Appeal, is the lawful owner of the whole parcel; the question of ownership is res judicata and defendants have no legal estate to defeat the registered title, therefore plaintiff is entitled to vacant possession and costs.

Court Disposition

Plaintiff's application for vacant possession allowed

Orders

  • Plaintiff's application for vacant possession of Lot 2499 GM 2052, Kg. Tawang is granted
  • Defendant and all occupiers on the land are ordered to vacate and deliver vacant possession to the Plaintiff