Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Court-ordered sale
  • 1 Jul 2021

    1. FOO SUN NEE 2. LEE PAI HANG 3. LEE SHEI LEE LEE AH CHAI

    Citation
    JA24NCVC-111-02/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA24NCVC-111-02/2021 (Mahkamah Tinggi)

    Section 145 of the National Land Code authorises the Court to terminate co-ownership by sale without a preceding successful partition application; an affidavit and pleadings asserting non-consent to partition are sufficient evidence under s145(1); given the impracticality of partition (three houses, four owners), family discord and financial/medical needs, sale is the just and appropriate remedy and should be ordered with costs to plaintiffs.