Malaysia Case Law: Decisions & Judgments

Topic

Forgery of signatures

Legal area

Court

7 Apr 2022

WAN ZAIZUL ADLI BIN WAN ZULKIFLI 1. ) NTP WORLD CORPORATION SDN BHD 2. ) DATUK NG THIEN PHING 3. ) CHUA HEE BOON 4. ) SKYWORLD DEVELOPMENT SDN BHD

Citation

WA-22NCC-444-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-444-11/2017 (Mahkamah Tinggi)

The court found that the Plaintiff was a nominee and not the beneficial owner; the agreement to use influence to procure DBKL approval amounted to illegal lobbying under s.24(e) Contracts Act 1950 and was void; the Plaintiff signed the share transfer forms as attested by a credible disinterested witness and handwriting expert evidence for Defendants was preferred over the Plaintiff’s expert; accordingly the Plaintiff’s claims fail and are dismissed.
29 Jun 2021

MOHD NAJIB KOH BIN ABDULLAH @ KOH KING JIT 1. LEE WEI HAN 2. LEE SENG 3. KOH KING JUAT 4. MULTI-LINK SDN. BHD. 5. SURUHANJAYA SYARIKAT MALAYSIA (SSM)

Citation

WA-22NCC-120-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-120-03/2020 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that the signatures on P2 and P3 were forged; the handwriting expert report lacked probative value because it was based on photocopies and did not produce originals or specimen documents, while credible oral testimony of the company secretary who witnessed the signing and corroborative evidence (witness DW2, vouchers, directors' resolution and letter) established that the transfers were executed and consideration paid; section 67(1) does not invalidate the transfers where the transfers were properly executed by the plaintiff.
23 Jul 2020

JASMAIR SINGH A/L PAJAN SINGH 1. ) BIR SINGH A/L TEJA SINGH 2. ) PARMINDER KAUR A/P KAMIKER SINGH (Practising under the name and sytle PARMINDER K & ASSOCIATES) 3. ) GUNASEELAN A/L THINAKARAN 4. ) UNITED OVERSEAS BANK (MALAYSIA) BERHAD

Citation

WA-12BNCVC-121-07/2016 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCVC-121-07/2016 (Mahkamah Tinggi)

Appellant failed to prove forgery or lack of knowledge of the sale on the balance of probabilities because expert chemist reports were unreliable and procedurally defective, key witnesses and documents undermined appellant's account, D4 acted in accordance with normal practice and sent correspondence to appellant's address, and D3 acquired indefeasible title as a bona fide purchaser for value without notice; accordingly appeal dismissed.
18 Dec 2019

1. ) CHEW YEE HUI (NO.KP: 840425-13-5472) IN THE ORIGINAL ACTION 2. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE COUNTER CLAIM 1. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE ORIGINAL ACTION 2. ) 1. CHIANG DYI WOEI (No. KP: 840613-08-58

Citation

JA-22NCVC-193-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-193-09/2018 (Mahkamah Tinggi)

The court held that the loans, the initial and new SPAs and the Tenancy Agreements were illegal and sham; however the counterclaim Plaintiff was complicit and had unclean hands and thus was not entitled to relief; accordingly all claims and counterclaims were dismissed except that the Second Defendant was entitled to vacant possession and the Third Defendant was awarded costs of MYR35,000.
9 Oct 2018

somad bin Ahmad & 5 lagi Saadiah Binti Ahmad & 2 Lagi

Citation

P-02(NCVC)(W)-1184-06/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

P-02(NCVC)(W)-1184-06/2018 (Mahkamah Rayuan)

The trial judge's acceptance of respondents' unchallenged testimony that they did not sign the Form DDA, combined with appellants' failure to call the Commissioner of Oaths who could have confirmed execution, justified drawing an adverse inference under s.114(g) and negated the need for expert evidence; therefore the Distribution Order was set aside and the High Court's decision was affirmed on appeal.

Malaysia Case Law

WAN ZAIZUL ADLI BIN WAN ZULKIFLI 1. ) NTP WORLD CORPORATION SDN BHD 2. ) DATUK NG THIEN PHING 3. ) CHUA HEE BOON 4. ) SKYWORLD DEVELOPMENT SDN BHD

MOHD NAJIB KOH BIN ABDULLAH @ KOH KING JIT 1. LEE WEI HAN 2. LEE SENG 3. KOH KING JUAT 4. MULTI-LINK SDN. BHD. 5. SURUHANJAYA SYARIKAT MALAYSIA (SSM)

JASMAIR SINGH A/L PAJAN SINGH 1. ) BIR SINGH A/L TEJA SINGH 2. ) PARMINDER KAUR A/P KAMIKER SINGH (Practising under the name and sytle PARMINDER K & ASSOCIATES) 3. ) GUNASEELAN A/L THINAKARAN 4. ) UNITED OVERSEAS BANK (MALAYSIA) BERHAD

1. ) CHEW YEE HUI (NO.KP: 840425-13-5472) IN THE ORIGINAL ACTION 2. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE COUNTER CLAIM 1. ) TAN SIEW NEE (NO.K/P: 550925-04-5136) IN THE ORIGINAL ACTION 2. ) 1. CHIANG DYI WOEI (No. KP: 840613-08-58

somad bin Ahmad & 5 lagi Saadiah Binti Ahmad & 2 Lagi