1. RAZAK BIN OTHMAN 2. TAN CHEE LEP MAHADI BIN KONENG

1. RAZAK BIN OTHMAN 2. TAN CHEE LEP MAHADI BIN KONENG

The court accepted the signed SPA described a sale of 1.2868 hectare (not the full 1.5505 hectare on the title) and found credible evidence that the earlier owner sold a 0.193 hectare parcel to the defendant for RM10,000 and intended to exclude that portion from the SPA; by nemo dat the first plaintiff could not transfer a portion they did not own; accordingly the plaintiffs' claim for possession was dismissed and the court ordered vesting and registration of the 0.193 hectare in the defendant pursuant to section 420 National Land Code.

Citation
JB-22NCVC-72-12/2017 (Mahkamah Tinggi)
Parties
Plaintiff: Razak bin Othman; Plaintiff: Tan Chee Lep; Defendant: Mahadi bin Koneng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2021
Case Number
JB-22NCVC-72-12/2017 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Land/trespass and Counterclaim / Judgment Delivered
Outcome
Plaintiffs' writ and statement of claim dismissed; defendant's counterclaim allowed
Legal Topics
Indefeasibility of Title, Nemo Dat Quod Non Habet, Parol Evidence Rule, Vesting Under National Land Code, Trespass, Registration of Land Interests
Source Language
Malay/English
Property Law Land Law Contract Law Equity Evidence Law Indefeasibility of Title Nemo Dat Quod Non Habet Parol Evidence Rule +3 more

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Parties

Razak bin Othman

Plaintiff

Tan Chee Lep

Plaintiff

Mahadi bin Koneng

Defendant

Procedural Posture

Civil Suit Land/trespass and Counterclaim / Judgment Delivered

Legal Issues

  1. 1 Whether plaintiffs are entitled to vacant possession of the entire registered land (511/613 undivided share)
  2. 2 Whether defendant has equitable/rightful title to a 0.193 hectare portion and may remain
  3. 3 Whether oral evidence may vary the written Sale and Purchase Agreement

Ratio Decidendi

The court accepted the signed SPA described a sale of 1.2868 hectare (not the full 1.5505 hectare on the title) and found credible evidence that the earlier owner sold a 0.193 hectare parcel to the defendant for RM10,000 and intended to exclude that portion from the SPA; by nemo dat the first plaintiff could not transfer a portion they did not own; accordingly the plaintiffs' claim for possession was dismissed and the court ordered vesting and registration of the 0.193 hectare in the defendant pursuant to section 420 National Land Code.

Court Disposition

Plaintiffs' writ and statement of claim dismissed; defendant's counterclaim allowed

Orders

  • 0.193 hectare (site of the house built by the Defendant) of the property under Title GM 3905 Lot 3487 is declared to be the property of the Defendant
  • The 2nd Plaintiff is to surrender the circa 0.193 hectare part of the property to the Defendant with immediate effect