30 Nov 2023
SITI MARYAM BINTI BUSRI SITI AISAH BINTI LANI
- Citation
- BA-22NCvC-457-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-457-11/2020 (Mahkamah Tinggi)
On the balance of probabilities the plaintiff proved the payments were made pursuant to an agreement to gantiusaha the TOL land: she built and occupied the house since 1995, paid the premium and quit rents, and therefore obtained an equitable proprietary interest; equitable ownership prevents the limitation defence from defeating her claim; the agreement was not shown to be an assignment of the TOL licence so it was not void for illegality under NLC s68; consequential declaratory relief and transfer orders follow.