25 Mar 2022
1. ) RAHIMAH BINTI MOHD NOOR 2. ) NIK RAM ZAELAN BIN NIK YUSOFF 3. ) NIK RAM ZAEDI BIN NIK YUSOFF 4. ) NIK RUS MAZENI BINTI NIK YUSOFF 1. ) XXXX 2. ) CHAN NYAT SING 3. ) CHAN NAM TING 4. ) KOAY BOON WAN 5. ) KOH KIM PEK 6. ) MAYSIE LONG 7.
- Citation
- 22NCVC-309-04/2013 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCVC-309-04/2013 (Mahkamah Tinggi)
On the balance of probabilities the court found the Power of Attorney was obtained and used in furtherance of a fraudulent scheme, the SPA and MOT were executed by persons who lacked authority (directors had resigned) and thus were void; registration does not validate a void/forged instrument and under s340(2) NLC the immediate titles acquired are defeasible for fraud/void instruments; accordingly transfers to Defendants 6 and 7 are set aside, registrations cancelled and original title to be returned to plaintiffs; defendants’ broader counterclaims are largely dismissed though limited counter…