Malaysia Case Law: Decisions & Judgments

Topic

National land code

Legal area

Court

27 Jan 2026

The Lady Superior Of The Society Of Saint Maur Pendaftar Hakmilik Tanah Negeri Melaka

Citation

MA-24NCvC-82-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

MA-24NCvC-82-03/2025 (Mahkamah Tinggi)

Although the Court accepted the Plaintiff's factual and historical evidence linking the French Convent to the Plaintiff, the proper statutory route for remedy is the specific scheme in Act 518 (Sections 53–55) for interim register issues; Sections 378 and 417 of the National Land Code do not apply to this factual and procedural context, therefore the Plaintiff's application was dismissed for employing the incorrect procedure.
27 Mar 2025

Liew See Mooi 1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Tan Chin Fat

Citation

BA-22NCvC-121-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-121-03/2022 (Mahkamah Tinggi)

The High Court held that the Land Office was not negligent: qualified title is provisional and the State lawfully conducted JUPEM survey and issued final titles altering lot placement and area; LSM failed to prove defeasibility under s340 NLC or to call John Chan to establish original boundaries; consequently LSM's claim dismissed and TCF entitled to vacant possession with costs.
27 Mar 2025

MOHD SHAWAL BIN IBRAHIM 1. ) QAISER HARTA PMC SDN. BHD. 2. ) MD ZIN BIN ABD HAMID 3. ) MOHD YUSOF BIN IBRAHIM

Citation

WA-12BNCvC-45-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-45-04/2024 (Mahkamah Tinggi)

Appeal dismissed because the trial judge correctly found there was no evidence the buildings were erected on the appellant's specific undivided share, and under the National Land Code a co-proprietor cannot claim a particular part of undivided land absent partition/agreement; appellant should have sought partition remedies (s140(1)(a), s141A, s145) rather than assert exclusive ownership.
14 Nov 2024

BA-21NCVC-29-07/2024 (Mahkamah Tinggi)

Citation

BA-21NCVC-29-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCVC-29-07/2024 (Mahkamah Tinggi)

The Federal Court remitted the entire action to the High Court for full trial and did not decide the formulated legal questions; therefore the Court is bound to proceed with full trial on all issues (including those involving the 3rd Defendant) and the interlocutory strike-out application under Order 18 r19 is barred and must be dismissed; any disputes about the re-survey and plans are to be determined at trial or by statutory appeal under the National Land Code.
29 Jul 2024

SETIAKON ENGINEERING SDN. BHD. 1. ) MAK YAN TAI 2. ) MAK KHUM PHOI AMICUS CURIE MALAYSIAN BAR

Citation

02(f)-55-09/2023(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-55-09/2023(W) (Mahkamah Persekutuan)

The Federal Court held that setting aside a judgment in default does not automatically annul or render void ab initio subsequently acquired registered titles where those third parties were not party to the setting‑aside proceedings; registered title remains presumptively indefeasible absent a pleaded and proved case of fraud, forgery or a void instrument under s.340, and a purchaser who conducted standard land registry searches, obtained the SPA and financed the purchase was a bona fide purchaser for value within the proviso to s.340(3).
14 Jul 2024

DA-24NCVC-453-12/2023 (Mahkamah Tinggi)

Citation

DA-24NCVC-453-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCVC-453-12/2023 (Mahkamah Tinggi)

Plaintiff failed to produce the Form 19B or otherwise demonstrate a caveatable interest; consequently the plaintiff did not establish a serious question to be tried or that the balance of convenience favored extending the caveat under s 326(2), and the application to extend the caveat was dismissed with costs.
20 Jan 2023

1. ) KWONG HING ENTERPRISES SDN BHD 2. ) SYMPHONY HARMONY SDN BHD DIAMOND C MANAGEMENT CORPORATION

Citation

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)

Interim injunctions were justified because the plaintiffs established a bona fide serious issue that the Defendant's closure of the sole vehicle entrance unlawfully interfered with the proprietor's exclusive rights under the National Land Code and STA; damages would be inadequate; balance of convenience favoured preserving access pending trial; therefore the roller shutters must be kept open 24/7 and the Defendant restrained from taking steps that would affect plaintiffs' use pending trial.
13 Jun 2022

XXXX 1. ) XXXX 2. ) Pendaftar Hak Milik Tanah Negeri Selangor 3. ) Pengarah Pejabat Tanah dan Galian Negeri Selangor

Citation

21NCVC-22-06/2014 (Mahkamah Tinggi)
Court

High Court
Case number

21NCVC-22-06/2014 (Mahkamah Tinggi)

The claim is dismissed: the 1st and 3rd Defendants were wrongly cited; the 2nd Defendant breached a duty by removing the 1st Plaintiff's caveat without a specific order directed at that caveat, but the 1st Plaintiff failed to prove that any asserted losses were caused by that breach or to prove quantum; accordingly the plaintiffs' negligence claim fails and the action is dismissed with costs to defendants.
10 Dec 2021

EMINENT FARM SDN BHD (Company No: 567927-X) PENTADBIR TANAH DAERAH MUALLIM

Citation

AA-24NCvC-325-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCvC-325-09/2020 (Mahkamah Tinggi)

Express conditions endorsed on the five titles (commercial rubber/orchard) prevail over the general definition of agriculture; Plaintiff knowingly and wilfully used the land for large scale poultry farming in breach of those express conditions; Defendant was therefore entitled and statutorily obliged under s.128 NLC to issue Form 7A notices; Originating Summons seeking declarations and injunctive relief was without merit and dismissed with costs.
1 Dec 2021

1. MOHD ZAKIRON BIN ZAHID (NO. K/P: 680410-03-5655) 2. MIMI HARYATI BINTI ZAHID (NO. K/P: 820301-03-5110) 3. ZAKIAH BINTI JUSOH (NO. K/P: 5000803-03-5110) 4. NUR AZIDA BINTI ZAHID (NO. K/P: 850222-03-6254) 5. NIK SITI FAZILLAH BINTI HASSAN

Citation

DA-21NCVC-8-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-21NCVC-8-05/2019 (Mahkamah Tinggi)

The plaintiffs failed to establish any legal or equitable interest in the disputed state land or any consent from State authorities; they are properly characterized as squatters without locus standi; their writ and statement of claim are plainly unsustainable and are struck out under Order 18 r.19; costs awarded to successful defendants.