Malaysia Case Law: Decisions & Judgments

Topic

Indefeasibility under national land code s340

Legal area

Court

3 Mar 2023

1. ) Ali Reza Ziba Halat Monfared 2. ) MANOJ SINGH 1. ) CHEW BEN BEN 2. ) Zhao Tong 3. ) Kevin Sathiaseelan A/L Ramakrishnan 4. ) Dato' Syed Alwi Bin Tun Syed Nasir

Citation

WA-22NCvC-506-09/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-506-09/2017 (Mahkamah Tinggi)

The Impugned PA was held invalid because its attestation materially deviated from the mandatory Form I under the Powers of Attorney Act 1949 and it lacked any proved consideration necessary to support an irrevocable power coupled with interest; consequently the 2nd Plaintiff had no locus to sue on behalf of the 1st Plaintiff or to claim proprietary rights. The SPA and Form 14A were validly executed by the owner (verified by video) and, once registered, conferred indefeasible title on the transferees. The conspiracy claim failed for lack of pleaded and proven unlawful agreement or intention to…
3 Feb 2023

MOHD NAJID BIN YUSOF 1. ) MAK OFFSHORE SDN BHD 2. ) Maliami Bin Hamad 3. ) Mohammad Fauzi Bin Hamad

Citation

BA-22NCvC-311-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-311-06/2018 (Mahkamah Tinggi)

The SPA was a sham created to disguise a loan; the Power of Attorney was defective and void for describing the wrong parcel, therefore the transfer from plaintiff to the 1st defendant was invalid under s340(2)(b) NLC; as a result the transfers to the 2nd and 3rd defendants were tainted, the 2nd and 3rd defendants were not entitled to protection as bona fide subsequent purchasers (or were immediate purchasers), and the plaintiff's claim to recover the land succeeds in part; the defendant counterclaim for trespass is dismissed.
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…

Malaysia Case Law

1. ) Ali Reza Ziba Halat Monfared 2. ) MANOJ SINGH 1. ) CHEW BEN BEN 2. ) Zhao Tong 3. ) Kevin Sathiaseelan A/L Ramakrishnan 4. ) Dato' Syed Alwi Bin Tun Syed Nasir

MOHD NAJID BIN YUSOF 1. ) MAK OFFSHORE SDN BHD 2. ) Maliami Bin Hamad 3. ) Mohammad Fauzi Bin Hamad

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.