BL-24NCvC-22-04/2022 (Mahkamah Tinggi)

BL-24NCvC-22-04/2022 (Mahkamah Tinggi)

The application was dismissed because the plaintiff failed to satisfy pre‑conditions of s.145 NLC by not demonstrating that the defendant had been requested to consent or had refused consent and failed to discharge the evidential burden to produce expert surveyor/valuer evidence under s.102 Evidence Act; allowing...

Source-derived case information.

Citation
BL-24NCvC-22-04/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Rena Recto; Defendant: Benjamin Jussip
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 August 2022
Case Number
BL-24NCvC-22-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Co‑proprietorship / Land Dispute / High Court Judgment (originating Summons/application)
Outcome
Plaintiff's application dismissed
Legal Topics
Section 145 National Land Code (termination of Co‑proprietorship), Partition and Sale of Co Owned Land, Indefeasibility of Title (section 340 Nlc), Burden of Proof and Expert Valuation (s.102 Evidence Act)
Land Law Property Civil Procedure Evidence Section 145 National Land Code (termination of Co‑proprietorship) Partition and Sale of Co Owned Land Indefeasibility of Title (section 340 Nlc) Burden of Proof and Expert Valuation (s.102 Evidence Act)

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Parties

Rena Recto

Plaintiff

Benjamin Jussip

Defendant

Procedural Posture

Civil Co‑proprietorship / Land Dispute / High Court Judgment (originating Summons/application)

  1. 1 Whether the court should order sale of the property by an agent appointed by the plaintiff under s.145 NLC
  2. 2 Whether the defendant's undivided half‑share can be transferred to the plaintiff under s.145 NLC without prior consent or proof of refusal
  3. 3 Whether the plaintiff met the evidential burden to adducesurveyor/valuer evidence under s.102 Evidence Act to justify a s.145 order

Ratio Decidendi

The application was dismissed because the plaintiff failed to satisfy pre‑conditions of s.145 NLC by not demonstrating that the defendant had been requested to consent or had refused consent and failed to discharge the evidential burden to produce expert surveyor/valuer evidence under s.102 Evidence Act; allowing the application would prejudice the defendant's registered indefeasible title under s.340 NLC.

Court Disposition

Plaintiff's application dismissed

Orders

  • Plaintiff's application is dismissed
  • Costs awarded against Plaintiff in favour of Defendant in the sum of RM10000.00