PUJAAN PERTAMA SDN. BHD. 1. ) YAP LEE CHUAN 2. ) YAP LEE HWU 3. ) YAP LEE SENG

PUJAAN PERTAMA SDN. BHD. 1. ) YAP LEE CHUAN 2. ) YAP LEE HWU 3. ) YAP LEE SENG

Trial judge's finding that the Form 14A was forged was a plausible factual conclusion supported by solicitor's testimony and expert evidence; default by Fu Zhi Mao established fraud against it which binds other parties; appellant dealt directly with the fraudulent transferee and was therefore an immediate purchaser whose registered title is defeasible under s.340 NLC, so the appeal is dismissed and land must be re-registered to the plaintiffs.

Citation
N-01(NCvC)(W)-408-07/2021 (Mahkamah Rayuan)
Parties
Appellant: Pujaan Pertama Sdn Bhd; Respondent/plaintiff: Yap Lee Chuan; Respondent/plaintiff: Yap Lee Hwu; Respondent/plaintiff: Yap Lee Seng; Respondent/defendant (defaulted): Fu Zhi Mao Group Sdn Bhd; Respondent/defendant: Pentadbir Tanah, Port Dickson; Respondent/defendant: Pegawai Daerah, Port Dickson; Respondent/defendant: Pengarah Tanah dan Galian Negeri Sembilan; Defendant (solicitor): Norizah binti Ramli
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
22 September 2022
Case Number
N-01(NCvC)(W)-408-07/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (land Title Dispute) / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Indefeasibility of Title, Forgery, Bona Fide Purchaser for Value, Section 340 National Land Code 1965, Effect of Default Judgment
Source Language
Malay/English
Property Law Land Law Civil Procedure Criminal Law (fraud) Indefeasibility of Title Forgery Bona Fide Purchaser for Value Section 340 National Land Code 1965 +1 more

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Parties

Pujaan Pertama Sdn Bhd

Appellant

Yap Lee Chuan

Respondent/plaintiff

Yap Lee Hwu

Respondent/plaintiff

Yap Lee Seng

Respondent/plaintiff

Fu Zhi Mao Group Sdn Bhd

Respondent/defendant (defaulted)

Pentadbir Tanah, Port Dickson

Respondent/defendant

Pegawai Daerah, Port Dickson

Respondent/defendant

Pengarah Tanah dan Galian Negeri Sembilan

Respondent/defendant

Norizah binti Ramli

Defendant (solicitor)

Procedural Posture

Civil Appeal (land Title Dispute) / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether the Form 14A transfer was a forgery
  2. 2 Whether fraud by the intermediate transferee (Fu Zhi Mao) was established by default
  3. 3 Whether appellant was an immediate or subsequent purchaser

Ratio Decidendi

Trial judge's finding that the Form 14A was forged was a plausible factual conclusion supported by solicitor's testimony and expert evidence; default by Fu Zhi Mao established fraud against it which binds other parties; appellant dealt directly with the fraudulent transferee and was therefore an immediate purchaser whose registered title is defeasible under s.340 NLC, so the appeal is dismissed and land must be re-registered to the plaintiffs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order that the land be re-registered in the name of the plaintiffs