21 Mar 2024
Jamil Bin Arashad (Wakil Diri Dan Waris Kepada Abdul Arshat Bin Haji Shaban @ Arshad Bin Haji Sha'ban, Si Mati) 1. ) NORDIN BIN OMAR 2. ) ABDUL RAHMAN BIN AHMAD 3. ) MOHD RAFFI BIN ABDULLAH 4. ) RHB BANK BERHAD 5. ) Pentadbir Tanah dan Daer
- Citation
- PA-22NCvC-122-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-122-07/2020 (Mahkamah Tinggi)
On the balance of probabilities the court found the deed poll cancellation and the Form 14A transfers were procured by fraud and forgery, thus those registrations are void/voidable; Defendants 1, 2 and 3 were involved in a fraudulent scheme and Defendant 4 (the bank) derived its charge from an immediate purchaser tainted by fraud and therefore did not obtain an indefeasible title under s.340(3) NLC; plaintiff had locus standi and limitation did not bar claims as he only discovered the fraud in 2017; Defendant 5 acted in good faith and is statutorily immune, so claims against it fail.