6 May 2021
1. RAZAK BIN OTHMAN 2. TAN CHEE LEP MAHADI BIN KONENG
- Citation
- JB-22NCVC-72-12/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-22NCVC-72-12/2017 (Mahkamah Tinggi)
The court accepted the signed SPA described a sale of 1.2868 hectare (not the full 1.5505 hectare on the title) and found credible evidence that the earlier owner sold a 0.193 hectare parcel to the defendant for RM10,000 and intended to exclude that portion from the SPA; by nemo dat the first plaintiff could not transfer a portion they did not own; accordingly the plaintiffs' claim for possession was dismissed and the court ordered vesting and registration of the 0.193 hectare in the defendant pursuant to section 420 National Land Code.