OTHMAN BIN LOPOK 1. ) INDOK HADIJAH BINTI LAT JANNIK 2. ) TAN TEK CHUAN 3. ) ONG BING REN 4. ) JAMIAN BIN DOLAH 5. ) PENTADBIR TANAH DAERAH PONTIAN 6. ) Kerajaan Negeri Johor

OTHMAN BIN LOPOK 1. ) INDOK HADIJAH BINTI LAT JANNIK 2. ) TAN TEK CHUAN 3. ) ONG BING REN 4. ) JAMIAN BIN DOLAH 5. ) PENTADBIR TANAH DAERAH PONTIAN 6. ) Kerajaan Negeri Johor

On the balance of probabilities the Power of Attorney dated 04.06.2018 was forged (forensic evidence accepted, defendants produced no rebutting expert); transfers executed under that PA are void and registration is defeasible under s.340(2) NLC; D2 and D3 are not protected as bona fide purchasers because the instrument was void and final payment was not completed (cheque stopped); transfers to D2 and D3 are set aside, title restored to plaintiff, limited restitution ordered (plaintiff to return RM50,000), exemplary damages and costs awarded against D1 and D4, and counterclaim by D2/D3 dismissed for procedural non-compliance (no third-party notice).

Citation
JA-21NCvC-9-02/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Othman bin Lopok; Defendant 1: Indok Hadijah binti Lat Jannik; Defendant 2: Tan Tek Chuan; Defendant 3: Ong Bing Ren; Defendant 4: Jamian bin Dolah; Defendant 5: Pentadbir Tanah Daerah Pontian; Defendant 6: Kerajaan Negeri Johor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2024
Case Number
JA-21NCvC-9-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Claim for Declarations, Restitution and Damages (land/title Dispute) / Judgment Delivered After Full Trial
Outcome
Judgment for plaintiff; Power of Attorney declared void; transfers to Defendants 2 and 3 set aside; title restored to plaintiff; counterclaim by D2 and D3 dismissed
Legal Topics
Forgery of Power of Attorney, Indefeasibility of Title (s.340 Nlc), Bona Fide Purchaser, Forensic Handwriting Evidence, Solicitor Negligence, Counterclaim and Third Party Procedure, Declaratory Relief, Injunctions
Source Language
Malay/English
Property Law Land Law Evidence Civil Procedure Professional Negligence Forgery of Power of Attorney Indefeasibility of Title (s.340 Nlc) Bona Fide Purchaser +5 more

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Parties

Othman bin Lopok

Plaintiff

Indok Hadijah binti Lat Jannik

Defendant 1

Tan Tek Chuan

Defendant 2

Ong Bing Ren

Defendant 3

Jamian bin Dolah

Defendant 4

Pentadbir Tanah Daerah Pontian

Defendant 5

Kerajaan Negeri Johor

Defendant 6

Procedural Posture

Civil Claim for Declarations, Restitution and Damages (land/title Dispute) / Judgment Delivered After Full Trial

Legal Issues

  1. 1 Whether the Power of Attorney dated 04.06.2018 was forged
  2. 2 Whether Defendants 2 and 3 were bona fide purchasers for valuable consideration
  3. 3 Whether payments made by D2 and D3 were received by the Plaintiff

Ratio Decidendi

On the balance of probabilities the Power of Attorney dated 04.06.2018 was forged (forensic evidence accepted, defendants produced no rebutting expert); transfers executed under that PA are void and registration is defeasible under s.340(2) NLC; D2 and D3 are not protected as bona fide purchasers because the instrument was void and final payment was not completed (cheque stopped); transfers to D2 and D3 are set aside, title restored to plaintiff, limited restitution ordered (plaintiff to return RM50,000), exemplary damages and costs awarded against D1 and D4, and counterclaim by D2/D3 dismissed for procedural non-compliance (no third-party notice).

Court Disposition

Judgment for plaintiff; Power of Attorney declared void; transfers to Defendants 2 and 3 set aside; title restored to plaintiff; counterclaim by D2 and D3 dismissed

Orders

  • Declaration that the Power of Attorney dated 04.06.2018 is void and invalid
  • Declaration that the registered titles of Defendants 2 and 3 are defeasible and capable of being set aside