25 Aug 2023
Mohd Hassan Bin Mat Ariffin (Sebagai Pentadbir Kepada Si Mati Yong Hafizah Binti Hassan Basri, No. Kp: 680825-09-5000) 1. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 2. ) Pentadbir Tanah Negeri Perlis
- Citation
- RA-24NCvC-15-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- RA-24NCvC-15-04/2023 (Mahkamah Tinggi)
Plaintiff as administrator had locus under s59 Probate and Administration Act; the earlier High Court judgment rendered the sale agreement void so the transfer and subsequent mortgage/charge were invalid or defeasible; defendants failed to prove existence and authenticity of the alleged side letter (Exhibit D.10) and failed to substantiate alleged payments; on balance of probabilities plaintiff entitled to declaratory relief, cancellation of the auction and related orders; costs RM5,000 awarded against Defendant 1.