SIOW HON PENG 1. ) PERMODALAN NEGERI SELANGOR BERHAD 2. ) Menteri Besar Selangor (Pemerbadanan)

SIOW HON PENG 1. ) PERMODALAN NEGERI SELANGOR BERHAD 2. ) Menteri Besar Selangor (Pemerbadanan)

Appeal dismissed because the defendants are not successors in title or assignees of the original parties to the SPA, compulsory land acquisition extinguished any proprietary in rem interest leaving only in personam remedies against the original parties, the Sessions Court jurisdiction issue was waived by the parties' conduct, and the pleaded case did not establish basis to impose a constructive trust on the defendants.

Citation
BA-12ANCvC-49-10/2024 (Mahkamah Tinggi)
Parties
Appellant: Siow Hon Peng; Respondent: Permodalan Negeri Selangor Berhad; Respondent: Menteri Besar Selangor (Pemerbadanan)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 April 2025
Case Number
BA-12ANCvC-49-10/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Appeal Heard and Dismissed
Outcome
Appeal dismissed; decision of the Sessions Court affirmed
Legal Topics
Constructive Trust, Successor in Title, Jurisdiction of Sessions Court, Torrens Registration Effect on Unregistered Interests, Specific Performance, Limitation of Actions
Source Language
Malay/English
Property Law Trusts Land Acquisition Contract Limitation Constructive Trust Successor in Title Jurisdiction of Sessions Court +3 more

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Parties

Siow Hon Peng

Appellant

Permodalan Negeri Selangor Berhad

Respondent

Menteri Besar Selangor (Pemerbadanan)

Respondent

Procedural Posture

Civil Appeal From Sessions Court / High Court Appeal Heard and Dismissed

Legal Issues

  1. 1 Whether the respondents are successors in title or permitted assigns bound by the SPA
  2. 2 Whether the plaintiff's beneficial interest was extinguished by compulsory land acquisition
  3. 3 Whether the Sessions Court had jurisdiction to adjudicate claims relating to immovable property and trusts

Ratio Decidendi

Appeal dismissed because the defendants are not successors in title or assignees of the original parties to the SPA, compulsory land acquisition extinguished any proprietary in rem interest leaving only in personam remedies against the original parties, the Sessions Court jurisdiction issue was waived by the parties' conduct, and the pleaded case did not establish basis to impose a constructive trust on the defendants.

Court Disposition

Appeal dismissed; decision of the Sessions Court affirmed

Orders

  • Appeal dismissed
  • Decision of the Sessions Court affirmed