Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 31 rules of court 2012

Legal area

Court

5 Mar 2024

1. ) HO YAN FOO 2. ) HO YAN ROON 3. ) HO YAN YEE 4. ) HO YOON FOONG 5. ) HO YIT JEAN HO WENG SOON

Citation

AA-24NCvC-573-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCvC-573-12/2022 (Mahkamah Tinggi)

Preliminary defects in papers were inadvertent and curable so the defendant's preliminary objection was dismissed, but plaintiffs failed to prove the preconditions under s.145(1) National Land Code and did not establish any cause or matter making sale necessary or expedient under Order 31 r1; therefore the court lacked basis to order a sale and the application for a sale was dismissed with costs.
28 Jul 2022

CHIN SIN KEAW @ CHIN SING KIAU LIM SOO NGOH

Citation

BA-24NCvC-502-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-502-04/2022 (Mahkamah Tinggi)

The application was dismissed because the Plaintiff sought disposition of the Defendant’s proprietary 2/32 undivided share without resolving material statutory and factual issues under the National Land Code (notably s.141 concerning identification/subdivision and the termination of co‑proprietorship). The Court held that the Defendant’s proprietary rights could not be compromised by a private‑treaty sale in the absence of resolution of those land law issues and proper identification of the undivided parcel, and therefore the application for sale and vesting was inappropriate and must be refu…