Malaysia Case Law: Decisions & Judgments

Topic

Boundary dispute

Legal area

Court

11 Dec 2024

1. ) Hah Chee Keong 2. ) Hah Kin Keong Wai Fook Thye

Citation

CB-24NCvC-154-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCvC-154-07/2024 (Mahkamah Tinggi)

The court held that the plaintiffs' final registered grant GM 10739 Lot 46041 with a JUPEM certified plan is conclusive under s89 read with s396 of the National Land Code 2020, no cogent evidence of fraud or statutory ground under s340 was shown to impeach the title, therefore the plaintiffs are entitled to the declaratory reliefs and relief for trespass sought; the originating summons need not be converted to a writ as the dispute can be resolved on affidavits and documentary evidence.
8 Aug 2022

MUTAYA SDN BHD 1. ) SURJIT KAUR A/P TEJA SINGH 2. ) JASVINDER SINGH A/L AMARJIT SINGH

Citation

WA-22NCVC-595-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-595-09/2018 (Mahkamah Tinggi)

The court found procedural compliance with Order 52, the second defendant expressly admitted non-compliance and had full knowledge of the order and land boundaries; breach was proved beyond reasonable doubt and constituted contempt; mitigation considered, the court imposed a fine of RM35,000 payable within two months (default one month imprisonment) and awarded costs; the application to set aside the consent judgment was dismissed with costs RM5,000.
29 Jun 2022

MOHAMAD SAZLI BIN MOHAMAD RAMZAN AWALUDIN BIN HASSAN

Citation

WA-22NCVC-503-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-503-08/2018 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff failed to prove defendant's encroachment: plaintiff bought the land 'as is where is' and admitted possible prior deficiency; plaintiff failed to call Pejabat Tanah/JUPEM to establish a fixed original area, failed to plead particulars (area and time) of alleged encroachment, surveyor evidence was unreliable, and estoppel/waiver principles bar the claim; accordingly the plaintiff's claims are dismissed with costs.
25 May 2022

Indah Utara Auto Sdn Bhd 1. ) Chia Kim Chooi 2. ) Lim Hock Chin 3. ) Lim Hock Oon 4. ) Lim Mooi Keow 5. ) Lim Soo Boey 6. ) Low Boon Kwang 7. ) Ooi Song Lee

Citation

KA-22NCvC-39-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-39-05/2021 (Mahkamah Tinggi)

Plaintiff established a clear and undeniable claim as registered owner and produced licensed survey evidence showing 546 sq m encroachment; defendants failed to produce credible evidence of permission from prior owners or any meritorious defence; therefore there was no triable issue and summary judgment under Order 14 was justified; defendants are squatters simpliciter and the encroaching structure must be removed; costs awarded to plaintiff RM3,000.00.

Malaysia Case Law

1. ) Hah Chee Keong 2. ) Hah Kin Keong Wai Fook Thye

MUTAYA SDN BHD 1. ) SURJIT KAUR A/P TEJA SINGH 2. ) JASVINDER SINGH A/L AMARJIT SINGH

MOHAMAD SAZLI BIN MOHAMAD RAMZAN AWALUDIN BIN HASSAN

Indah Utara Auto Sdn Bhd 1. ) Chia Kim Chooi 2. ) Lim Hock Chin 3. ) Lim Hock Oon 4. ) Lim Mooi Keow 5. ) Lim Soo Boey 6. ) Low Boon Kwang 7. ) Ooi Song Lee