Malaysia Case Law

13 Dec 2024

PERNIAGAAN USAHAKITA SDN BHD 1. ) TENGKU DURAIDA BINTI TENGKU YOT 2. ) MUHAMMAD ISYALZUDDIN BIN ISHAK 3. ) AIZAT BIN AHMAD SUKI 4. ) AMZARI BIN AHMAD SUKI 5. ) NOORUL AKMAL BINTI AHMAD SUKI 6. ) NOORUL ATIFAH BINTI AHMAD SUKI 7. ) NOORUL IZ

Citation

RA-24NCvC-1-01/2023 (Mahkamah Tinggi)

Court

High Court

Case number

RA-24NCvC-1-01/2023 (Mahkamah Tinggi)

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.

• Termination of co-proprietorship
• Partition/subdivision
• National land code s.145
• National land code s.136
• Injunctions
• Title issuance

15 Aug 2024

1. ) TAN KIM CHONG @ TAN KIM HUAT 2. ) TAN SAI PENG@TAN KIT HO (Sebagai Pemegang Kuasa Wakil No. 1038/05 yang didaftarkan di Mahkamah Tinggi Taiping pada 6/12/2015) 3. ) Lean Mah Holding Sdn Bhd KANG CHOON KEAT

Citation

PA-22NCvC-73-03/2019 (Mahkamah Tinggi)

Court

High Court

Case number

PA-22NCvC-73-03/2019 (Mahkamah Tinggi)

The Partition Agreement and irrevocable Power of Attorney remained valid because the delay was caused by external events (land acquisitions, issuance of final title, death of surveyor) and the co-proprietors continued conduct (payment of quit rent, no rescission) showed consent; the Defendant refused to join or consent to partition so s.145 NLC applies; the Draft Plan based on registered shares was appropriate and not prejudicial; accordingly the Plaintiffs satisfied s.145 NLC and the court granted termination of the co-proprietorship and consequential orders, with costs awarded to Plaintiffs.

• Partition
• Co-proprietorship
• Power of attorney
• Section 145 national land code
• Estoppel
• Title issuance

YOONG FOOK WENG V LEE KAM SIN

Citation

YOONG FOOK WENG V LEE KAM SIN

Court

Malaysian court

The trial judge's factual finding that fraud in the registration was not proved beyond reasonable doubt is upheld; because the land authority issued the title to the respondent and no fraud was established, the court will not order transfer of the land to the plaintiff; appeal dismissed.

• Beneficial ownership
• Fraud in land registration
• Temporary occupation license
• Title issuance
• Estoppel
• Vacant possession