Tan Suee Chieh Premfield Development Sdn Bhd PTD Hulu Langat Dato’ Haji Zul-kefli @ Zulkefli bin Khalid Kerajaan Negeri Selangor Abdul Malek bin Mohamad Nor

Tan Suee Chieh Premfield Development Sdn Bhd PTD Hulu Langat Dato’ Haji Zul-kefli @ Zulkefli bin Khalid Kerajaan Negeri Selangor Abdul Malek bin Mohamad Nor

Court found on the evidence that signatures on the impugned SPA and Memorandum of Transfer were forged, the impugned NRIC was fake, and the 5th and 6th Defendants had no mandate; the 1st Defendant was an immediate purchaser who was not a bona fide purchaser for value, registration was obtained by forgery and by insufficient/void instruments within s.340(2) NLC; accordingly the 1st Defendant's registered title is defeasible and must be set aside; Plaintiff declared legal and beneficial owner and ordered correction of register and issue document, injunction granted; costs assessed RM60,000 joint and several against 1st, 5th and 6th Defendants.

Citation
BA-22NCvC-424-08/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Tan Suee Chieh; Defendant: Premfield Development Sdn. Bhd.; Defendant: Land Administrator, District of Hulu Langat, Selangor Darul Ehsan; Defendant: Dato' Haji Zul-Kefli @ Zulkefli bin Khalid; Defendant: Selangor State Government; Defendant: Abdul Malek bin Mohamad Nor; Defendant: Malek & Associates (sued as a firm)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2021
Case Number
BA-22NCvC-424-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Judgment After Full Trial
Outcome
Judgment for Plaintiff: impugned transfer and registration set aside; Plaintiff declared legal and beneficial owner; register and issue document to be corrected; injunction granted restraining 1st Defendant from dealing with the land; costs assessed.
Legal Topics
Indefeasibility of Title, National Land Code S.340, Forgery and Fraud, Bona Fide Purchaser for Value, Insufficient or Void Instrument, Adverse Inference, Registration of Title, DHKK Vs DHDK Title Documents
Source Language
Malay/English
Property Law Land Law Civil Litigation Probate and Administration Evidence Law Indefeasibility of Title National Land Code S.340 Forgery and Fraud +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tan Suee Chieh

Plaintiff

Premfield Development Sdn. Bhd.

Defendant

Land Administrator, District of Hulu Langat, Selangor Darul Ehsan

Defendant

Dato' Haji Zul-Kefli @ Zulkefli bin Khalid

Defendant

Selangor State Government

Defendant

Abdul Malek bin Mohamad Nor

Defendant

Malek & Associates (sued as a firm)

Defendant

Procedural Posture

Civil Suit / Judgment After Full Trial

Legal Issues

  1. 1 Whether 1st Defendant's title is indefeasible under s.340 NLC
  2. 2 Whether the Deceased sold the land to the 1st Defendant under the impugned SPA
  3. 3 Whether the transfer was obtained by fraud, forgery or by means of an insufficient or void instrument

Ratio Decidendi

Court found on the evidence that signatures on the impugned SPA and Memorandum of Transfer were forged, the impugned NRIC was fake, and the 5th and 6th Defendants had no mandate; the 1st Defendant was an immediate purchaser who was not a bona fide purchaser for value, registration was obtained by forgery and by insufficient/void instruments within s.340(2) NLC; accordingly the 1st Defendant's registered title is defeasible and must be set aside; Plaintiff declared legal and beneficial owner and ordered correction of register and issue document, injunction granted; costs assessed RM60,000 joint and several against 1st, 5th and 6th Defendants.

Court Disposition

Judgment for Plaintiff: impugned transfer and registration set aside; Plaintiff declared legal and beneficial owner; register and issue document to be corrected; injunction granted restraining 1st Defendant from dealing with the land; costs assessed.

Orders

  • Costs in the sum of MYR 60000 to be paid jointly and severally by the 1st, 5th and 6th Defendants to the Plaintiff