24 Jul 2024
ZAMANI BIN HAMZAH Che Rahimah Binti Shaary
- Citation
- DA-22NCvC-6-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCvC-6-02/2021 (Mahkamah Tinggi)
On the balance of probabilities the court found the registrations were effected improperly and prematurely by the solicitor acting for and favouring the lender; there was absence of notice, lack of evidence of default procedures, indicia of document falsity and failure to respect mandatory land security mechanisms in the National Land Code. Accordingly the transfers from Roslan to Hamzah and from Hamzah to the Plaintiff were not legally effective; s.340 indefeasibility did not protect those registrations because they were tainted by misconduct/fraud and equity requires restoration to the prio…