Malaysia Case Law: Decisions & Judgments

Topic

Memorandum of transfer validity

Legal area

Court

29 Aug 2025

KANAHAMANI A/P MUTHUSAMY 1. ) LOO ENG CHUAN 2. ) LOO TICK HOCK

Citation

BA-22NCvC-71-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-71-02/2025 (Mahkamah Tinggi)

The court struck out and dismissed the action as hopelessly time‑barred under Limitation Act 1953 s9 because the cause of action accrued, and the plaintiff (as successor) is imputed with the deceased's knowledge so s29 did not postpone limitation; parts of the Reply alleging fraud were struck out for raising new grounds not in the Statement of Claim; res judicata was not applied because earlier proceedings involved different parties and did not bind this plaintiff.
16 Apr 2024

1. ) Chin Yuei Khen 2. ) Chin Kon Lim 3. ) Chin Jwee Wan Chin Kon Shu PIHAK YANG DIGARNIS Malayan Banking Berhad PIHAK TERKILAN 1. ) CHIN FAN HEE & SONS SDN BHD 2. ) Kah Meow Lim Plantations Sdn Bhd

Citation

WA-22NCvC-550-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-550-08/2019 (Mahkamah Tinggi)

Attesting witnesses' credible and corroborated evidence that the Deceased understood and agreed to the Will established testamentary capacity and due execution; plaintiffs failed to prove undue influence, fraud or that transfer instruments were void; survivorship does not automatically confer beneficial ownership but evidence established dividends belonged to the Deceased and RM1,000,000 held by Defendant constituted trust monies to be returned to the estate; accordingly the claim failed and probate was granted to the Defendant with specified monetary orders.

Malaysia Case Law

KANAHAMANI A/P MUTHUSAMY 1. ) LOO ENG CHUAN 2. ) LOO TICK HOCK

1. ) Chin Yuei Khen 2. ) Chin Kon Lim 3. ) Chin Jwee Wan Chin Kon Shu PIHAK YANG DIGARNIS Malayan Banking Berhad PIHAK TERKILAN 1. ) CHIN FAN HEE & SONS SDN BHD 2. ) Kah Meow Lim Plantations Sdn Bhd