17 Oct 2025
SITI ASIAH BINTI SALLEH ABU BAKAR BIN CHU
- Citation
- WA-24NCvC-2597-06/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCvC-2597-06/2025 (Mahkamah Tinggi)
The court exercised its discretion under s.145 NLC 1965 to terminate the co‑proprietorship and order sale because the Plaintiff, having funded a substantial part of the purchase and having received no benefit while the deceased and Defendant enjoyed possession and rents, was entitled to have the property sold; the Defendant's claim of a resulting or constructive trust was rejected as there was no factual basis and the registered shares are equal under s.343(1)(a) NLC 1965; the court endorsed the power to order sale under s.145 and s.25 CJA 1964 (para 3 Schedule).