5 Mar 2024
EKO PROPERTY HOLDINGS SDN BHD 1. ) SOO JIA XUAN 2. ) SOO YAM HOONG
- Citation
- P-02(NCvC)(W)-338-03/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(W)-338-03/2023 (Mahkamah Rayuan)
On the balance of probabilities the court found plaintiffs paid the full purchase price and received vacant possession thereby making the vendor (D1) a bare trustee; the subsequent sale to D2 was void ab initio and the registration in D2's name was obtained by an instrument tainted as void/insufficient under s340(2)(b) NLC; D2, as an immediate purchaser, was not entitled to protection under the proviso to s340(3) and failed to prove bona fide status and adequate due diligence; therefore the Court of Appeal dismissed D2's appeal and affirmed the High Court judgment ordering costs.