Malaysia Case Law: Decisions & Judgments

Topic

Undue influence/coercion

Legal area

Court

28 Oct 2024

MOHD FARIZ BIN MAZLAN 1. ) TENGKU HARUNARASHID BIN TENGKU ALIAS 2. ) TENGKU EZUIN BALQIS BINTI TENGKU HARUNARASHID

Citation

DA-A72NCvC-12-02/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-A72NCvC-12-02/2022 (Mahkamah Majistret)

The acknowledgment (Surat Akuan) was procured by threats and therefore lacked free consent and is void; Plaintiff acted with unclean hands by using threats and is not entitled to repayment or damages; Defendant 1 is entitled to be paid for construction costs expended under the void contract pursuant to restitution principles (s.66 Contracts Act 1950); Defendant 2 is not jointly liable as merely account holder.
15 Dec 2021

ADNAN BIN MAT YUSOFF (NO. K/P: 741113-03-5591) 1. MAZALAN BIN MAT YUSOFF (NO. K/P: 620911-03-5229) 2. PEJABAT TANAH JAJAHAN KOTA BHARU 3. KERAJAAN NEGERI KELANTAN

Citation

DA-22NCvC-30-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-30-05/2021 (Mahkamah Tinggi)

The plaintiff's pleadings and affidavits failed to plead or adduce evidence bringing the case within s.340(2) KTN to rebut the presumption of indefeasibility of the registered title; affidavits by the registered proprietor (father) affirmed consent and the plaintiff's allegations amounted to speculation and hearsay, not proof of coercion or other s.340(2) grounds; consequently the claim was plainly unsustainable under O.18 r.19 and the writ and statement of claim were struck out; separately the plaintiff misnamed the land office defendants rendering those claims unsustainable.
21 Jan 2020

Foo Swee Chin Low Hock Heng

Citation

WA-12BNCC-15-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-15-06/2019 (Mahkamah Tinggi)

The High Court dismissed the appeal because the settlement agreement dated 11 July 2013 was initiated by the Defendant's solicitors, voluntarily executed, acted upon by payments, and there was no credible evidence of coercion or that the transaction constituted illegal moneylending; therefore the Sessions Court's factual findings were not plainly wrong and its judgment for the Plaintiff based on the settlement agreement was upheld.

Malaysia Case Law

MOHD FARIZ BIN MAZLAN 1. ) TENGKU HARUNARASHID BIN TENGKU ALIAS 2. ) TENGKU EZUIN BALQIS BINTI TENGKU HARUNARASHID

ADNAN BIN MAT YUSOFF (NO. K/P: 741113-03-5591) 1. MAZALAN BIN MAT YUSOFF (NO. K/P: 620911-03-5229) 2. PEJABAT TANAH JAJAHAN KOTA BHARU 3. KERAJAAN NEGERI KELANTAN

Foo Swee Chin Low Hock Heng