WEE YEE YING & ANOR V. EMIN SADI

WEE YEE YING & ANOR V. EMIN SADI

The court found on the balance of probabilities that the memorandum of transfer was forged and, applying the higher standard for fraud, that the transfer was effected fraudulently; the 1st Defendant failed to prove genuineness of the instrument or payment of RM300,000, therefore the transfer was annulled and related...

Source-derived case information.

Citation
WEE YEE YING & ANOR V. EMIN SADI
Parties
Plaintiff: Wee Yee Ying; Plaintiff: Wee Yee Liang; 1st Defendant: Emin Sadi; 2nd Defendant: Assistant Collector of Land Revenue
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Suit / Final Judgment
Outcome
Judgment for plaintiffs
Legal Topics
Annulment of Transfer, Expungement From Register, Cancellation of Certified Title, Damages, Standard of Proof
Source Language
en
Property Law Land Title Fraud Forgery Evidence Annulment of Transfer Expungement From Register Cancellation of Certified Title +2 more

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Summary, issues, holding and outcome

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Parties

Wee Yee Ying

Plaintiff

Wee Yee Liang

Plaintiff

Emin Sadi

1st Defendant

Assistant Collector of Land Revenue

2nd Defendant

Procedural Posture

Civil Suit / Final Judgment

Legal Issues

  1. 1 Whether the land was fraudulently transferred to the 1st Defendant by virtue of a forged Memorandum of Transfer dated 5.7.1991 and by false claim that the transferee was the deceased's son
  2. 2 Whether the 1st Defendant paid RM300,000 as consideration for the purchase

Ratio Decidendi

The court found on the balance of probabilities that the memorandum of transfer was forged and, applying the higher standard for fraud, that the transfer was effected fraudulently; the 1st Defendant failed to prove genuineness of the instrument or payment of RM300,000, therefore the transfer was annulled and related registry entries and certified title were ordered cancelled and expunged, with damages and costs awarded to the plaintiffs.

Court Disposition

Judgment for plaintiffs

Orders

  • Transfer effected under Memorandum of Transfer dated 5 July 1991 annulled on the ground of fraud
  • 2nd Defendant to expunge from the register and records the registration of the said transfer