Zuridah Binti Daud Daud Bin Abdullah

Zuridah Binti Daud Daud Bin Abdullah

The application under Order 14A was dismissed because there were serious disputes of fact about the parties' intentions and the execution and meaning of the Declaration of Trust and land transfer documents which require oral testimony; therefore the matter is not suitable for summary determination and must proceed to full trial.

Citation
WA-22NCvC-52-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff: ZURIDAH BINTI DAUD; Defendant: DAUD BIN ABDULLAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2022
Case Number
WA-22NCvC-52-01/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (trust and Land Dispute) / Interlocutory Application Under Order 14 A; Set for Full Trial
Outcome
Defendant's application under Order 14A dismissed; matter set down for full trial; costs awarded to Plaintiff.
Legal Topics
Declaration of Trust, Order 14 a Determination, Intention of Parties, Form 14 (national Land Code)
Source Language
Malay/English
Trusts Land Law Civil Procedure Declaration of Trust Order 14 a Determination Intention of Parties Form 14 (national Land Code)

Case Brief

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Parties

ZURIDAH BINTI DAUD

Plaintiff

DAUD BIN ABDULLAH

Defendant

Procedural Posture

Civil (trust and Land Dispute) / Interlocutory Application Under Order 14 A; Set for Full Trial

Legal Issues

  1. 1 Whether the question of law or construction is suitable for determination under Order 14A without a full trial
  2. 2 Whether the land registered in the Defendant's name is held in trust for the Plaintiff
  3. 3 Whether the parties' intentions can be determined summarily or require oral testimony

Ratio Decidendi

The application under Order 14A was dismissed because there were serious disputes of fact about the parties' intentions and the execution and meaning of the Declaration of Trust and land transfer documents which require oral testimony; therefore the matter is not suitable for summary determination and must proceed to full trial.

Court Disposition

Defendant's application under Order 14A dismissed; matter set down for full trial; costs awarded to Plaintiff.

Orders

  • Defendant's application under Order 14A dismissed.
  • Costs awarded to Plaintiff in the sum of RM2,000.