23 Sept 2024
OTHMAN BIN LOPOK 1. ) INDOK HADIJAH BINTI LAT JANNIK 2. ) TAN TEK CHUAN 3. ) ONG BING REN 4. ) JAMIAN BIN DOLAH 5. ) PENTADBIR TANAH DAERAH PONTIAN 6. ) Kerajaan Negeri Johor
- Citation
- JA-21NCvC-9-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-21NCvC-9-02/2020 (Mahkamah Tinggi)
On the balance of probabilities the Power of Attorney dated 04.06.2018 was forged (forensic evidence accepted, defendants produced no rebutting expert); transfers executed under that PA are void and registration is defeasible under s.340(2) NLC; D2 and D3 are not protected as bona fide purchasers because the instrument was void and final payment was not completed (cheque stopped); transfers to D2 and D3 are set aside, title restored to plaintiff, limited restitution ordered (plaintiff to return RM50,000), exemplary damages and costs awarded against D1 and D4, and counterclaim by D2/D3 dismiss…