13 Oct 2025
MA-24NCvC-58-02/2025 (Mahkamah Tinggi)
24 Sept 2025
The High Court found on the facts that it was just and equitable under s.145 NLC to terminate the co-ownership of the four properties and order their sale because the defendant, as executor, had failed to account for rents, failed to maintain the properties, and a 20-year transfer restriction in the deceased's will was unreasonable and could not unilaterally bind the co-owners; accordingly the court ordered sale (public auction or private treaty), accounting of rents from February 2022, payment of sums found due with interest at 5% per annum, and costs of RM10,000.
2 Jul 2025
Under section 145 National Land Code the Court lawfully exercised its discretion to terminate the co-proprietorship and ordered a buy-out mechanism: Respondent to purchase Applicant's 50% interest for RM700,000 within six months, with a fallback open-market sale at prevailing market value if the buy-out fails, because the Respondent agreed to buy, the Applicant provided no valuation evidence to justify insistence on immediate sale at RM1,400,000, and the staged buy-out protects both parties' interests.
13 Feb 2025
The Court exercised its discretion under section 145(2)(c) National Land Code to terminate the co-proprietorship and order the sale because of lack of cooperation, impracticability and adverse effect of partition on value, applying precedent that partition need not be attempted first; the strike out application was dismissed and consequential reliefs and costs were awarded.
13 Dec 2024
The court exercised its s.145 discretion and adopted the applicant's subdivision plan as the fair, comprehensive and practicable scheme because it preserves registered shares and dwellings, provides satisfactory access required by s.136, is supported by all co-owners except Respondent 2, and the applicant holds the decisive majority (2223/2467). Accordingly the application for termination of co-proprietorship and partition is granted in accordance with the applicant's plan; injunction-related relief sought in specified paragraphs was not granted; no order as to costs.
22 Aug 2024
The High Court exercised its discretion under s.145 (and s.417) NLC to order partition and termination of co-proprietorship because applicants satisfied the statutory threshold by demonstrating attempts to obtain consent, providing a reasonable partition plan prepared by a licensed surveyor, and because the respondent's allegations of fraud were unsupported by documentary evidence; accordingly the originating summons was allowed with costs of RM2,000 to the applicants subject to allocatur.
26 Jul 2024
Plaintiffs' originating summons dismissed because they failed to establish the statutory preconditions to invoke s.145 NLC (no evidence of prior request for partition or refusal and no partition plans), and, independently, the court exercised its discretion to refuse a sale on humanitarian grounds given the occupier's serious medical condition and lack of alternative accommodation; therefore relief under s.145 is denied.
30 Apr 2024
Plaintiffs satisfied s.145(1) NLC because co-proprietors did not consent and partition was impracticable; administrators and beneficiaries had locus standi by virtue of letters of administration and a consent judgment; existing SPA was conditional and incomplete and did not bar the court from ordering termination and sale; D8 was bound by the prior consent judgment and cannot relitigate claims to the 5/16 share; accordingly the originating summons was allowed and the court ordered termination and sale with consequential directions and costs as determined.
21 Aug 2023
Plaintiff, as registered owner of one-half share, is entitled to seek termination of co-proprietorship in court under section 145 NLC where application at the Land Office failed due to lack of consent by other co-proprietors; caveat emptor did not bar plaintiff because there was no evidence plaintiff failed to inspect or otherwise neglected duties when purchasing; the court will not compel plaintiff to accept the defendants' settlement proposal; accordingly the court allowed the plaintiff's application (KM1) with costs in the cause.
12 Apr 2023
Applicant entitled to relief under s.145 NLC: court may terminate co-proprietorship on application by any co-proprietor where others do not consent; amendment to s.141A does not prevent resort to s.145; on the affidavits the respondent did not consent and there was no bar to ordering termination and partition according to the proposed plan; court ordered termination, partition per plan, authorised registrars to sign documents and awarded costs RM3,000 to applicant.