28 Nov 2019
NORAINI BINTI MOHAMED HADI PEMBANGUNAN TANAH DAN PERUMAHAN SENDIRIAN BERHAD
- Citation
- J-02 (NCvC)(W)-1802-09/2018 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02 (NCvC)(W)-1802-09/2018 (Mahkamah Rayuan)
On the balance of probabilities the Court found the defendant accepted and issued receipts evidencing full payment by the first purchaser and thereby adopted/ratified the First SPA; ancient documents had a ring of truth and were admissible under Evidence Act s90/s32/s73A; equity therefore imposed a constructive/bare trust on the defendant to hold the subdivided title for the plaintiff who had paid valuable consideration and taken possession; limitation and laches did not bar the equitable claim; accordingly the appeal was allowed and the defendant ordered to transfer the title.
- Constructive trust
- Bare trustee
- Ratification of contract
- Admissibility of historical documents (evidence act s90, s32, s73a)
- Sale and purchase of undivided land/sub-sale
- Nemo dat quod non habet and sale in futuro