21 Aug 2025
1. ) CHE GON BINTI CHE SAAD 2. ) RUSALINA BINTI AHMAD 3. ) RUZAIDI BIN AHMAD 4. ) ROSNANI BINTI AHMAD 5. ) RUSMANIZAM BIN AHMAD 1. ) IBTIHAD BINTI MUSTAFA 2. ) MOHD ZAIN BIN IDRIS 3. ) MOHAMAD MASYA'AL BIN MOHAMAD RODZI 4. ) SAUBARIAH BINTI
- Citation
- KB-22NCvC-16-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KB-22NCvC-16-06/2024 (Mahkamah Tinggi)
The court held plaintiffs were the registered owners with title protected under s.340 NLC; defendants failed to prove a trust (constructive or otherwise) because the constructive trust issue was not pleaded with particulars and evidence did not establish fraud or unconscionability; defendants’ substantive claim was also time‑barred under the Limitation Act 1953 s9(1). Therefore plaintiffs’ declaration of title succeeded but claims for demolition within 14 days and damages failed for lack of proof; defendants’ claims dismissed.