13 Aug 2025
MOHD SUFFIAN BIN DAUD ROSHAMIDI BIN HALIM
- Citation
- DA-24NCvC-104-03/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24NCvC-104-03/2025 (Mahkamah Tinggi)
Defendant failed to prove any caveatable interest: the purported power of attorney was executed after the mortgage, was not registered, and there was no evidence of the asserted consideration; defendant did not file necessary statutory Form 19B or other evidentiary proof. Plaintiff, as registered owner and aggrieved person, demonstrated that on the balance of convenience the caveat unjustifiably obstructed his registered rights. Accordingly the caveat must be removed and damages and costs awarded to plaintiff.