17 Dec 2020
JARIAH BINTI HAMZAH (NO. K/P: XXXXXX-XX-XXXX) PEMBANGUNAN TANAH DAN PERUMAHAN SENDIRIAN BERHAD (NO. SYARIKAT: 7545-P)
- Citation
- JA-22NCVC-217-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCVC-217-10/2018 (Mahkamah Tinggi)
Court accepted plaintiff's original documentary evidence (presumed authentic under s90 Evidence Act), found the 1967/1968 sale was valid and that defendant (by its agents in 1968) acted as beneficial owner/transferor and later became registered owner but only as trustee for purchasers; nemo dat did not defeat plaintiff because equitable ownership had passed and defendant's subsequent acts (concealing registration, charging land, facilitating removal of caveats and consenting to sham proceedings) amounted to fraudulent breach of trust and tolled limitation under s29 and s22 Limitation Act; acc…