29 Aug 2019
SULAIMAN BIN AHMAD DAN 37 YANG LAIN JEMAIN BIN MOHAMED DAN 4 YANG LAIN
- Citation
- JA-22NCVC-97-04/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCVC-97-04/2017 (Mahkamah Tinggi)
Plaintiffs had locus standi by virtue of the Court of Appeal order and their Sijil Faraid; evidence (including judicial admission by First Defendant, JPN records and witness testimony) established forgery/void instruments and that the ex‑parte order was obtained by fraud; therefore the title registered in the Third Defendant's name is defeasible under s.340(2)(b) NLC and the ex‑parte order of 24.10.2013 is null and set aside; the Third Defendant as immediate purchaser cannot rely on the s.340(3) proviso to defeat the claim; reliefs sought in paragraphs 29(a)-(f) and (h) of the statement of cl…