Malaysia Case Law

31 Jan 2020

1. ) MOHD ADIB BIN HAJI MOHD ADAM 2. ) AIDA BINTI MOHD ADIB BANK PEMBANGUNAN MALAYSIA BERHAD

Citation

WA-27NCC-57-08/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-27NCC-57-08/2019 (Mahkamah Tinggi)

Plaintiff complied with Order 14 preliminaries and affidavit verification; defendants failed to raise any genuine triable issue: Admiralty Court authorisation and multiple tenders established sale was proper; sheriff's expenses were verified and deductible; certificate of indebtedness conclusively proved indebtedness absent manifest error; guarantors were liable as primary debtors under the guarantee and liability did not cease on the borrower's winding up; accordingly summary judgment was rightly entered for the plaintiff against the 2nd and 3rd defendants for the claimed debt.

• Guarantee
• Mortgage
• Summary judgment
• Judicial sale of vessel
• Sheriff's expenses
• Certificate of indebtedness

YAP CHIEW GUAN v THE TRUSTEE OF THE ESTATE OF YEAP CHOR EE

Citation

YAP CHIEW GUAN v THE TRUSTEE OF THE ESTATE OF YEAP CHOR EE

Court

Malaysian court

Because the mortgagee and successors had been in possession since 1946 by collecting rents and paying quit rents, they acquired adverse possession constituting a pre-existing interest under s.44 of the National Land Code, and because such possession exceeded twelve years before the appointed date the mortgagor's right to redeem was barred by s.16 Limitation Act 1953; therefore the respondent obtained replacement title and the appeal was dismissed.

• Mortgage
• Adverse possession
• Right to redeem
• Indefeasibility under national land code
• Limitation act s.16
• Replacement title under s.44 nlc