Malaysia Case Law: Decisions & Judgments

Topic

Co-proprietorship

Legal area

Court

21 Apr 2026

MOHD FAZLIN BIN HUSIN 1. ) AHMAD BIN MAT SAAD 2. ) AZIZAH BINTI MAT SAAD 3. ) BAHARUM BIN HANAPIAH 4. ) EMBUN BINTI HANAPIAH 5. ) NOOR AINI BINTI MD AKHIR 6. ) ISMAIL BIN MAT SAAD 7. ) MARYANI BINTI ALI 8. ) MD NOOR BIN AB HAMID 9. ) SITI M

Citation

KA-24NCvC-646-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24NCvC-646-12/2024 (Mahkamah Tinggi)

The Court exercised its discretion under section 145 NLC to allow the Plaintiff's application because the proposed parallel subdivision corresponded as nearly as possible to proprietors' undivided shares, both resulting portions had road access and the 7th Defendant's claim to a specific frontage portion was unsupported by evidence of an approved allocation or consent of other co‑proprietors; absence of a valuation report did not bar relief under section 145.
27 Jan 2026

W&L Hardware Trading Sdn Bhd Ketua Pengarah Insolvensi Malaysia

Citation

PA-24NCvC-330-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCvC-330-03/2025 (Mahkamah Tinggi)

Defendant failed to prove special circumstances relating to enforcement of the judgment; the risk of loss arising from execution is compensable by damages given the commercial nature of the land; prior determinations and the Vesting Order obtained in favour of the plaintiff and the delay by the defendant undermine the claimed special circumstances; accordingly the stay application is dismissed.
17 Oct 2025

SITI ASIAH BINTI SALLEH ABU BAKAR BIN CHU

Citation

WA-24NCvC-2597-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2597-06/2025 (Mahkamah Tinggi)

The court exercised its discretion under s.145 NLC 1965 to terminate the co‑proprietorship and order sale because the Plaintiff, having funded a substantial part of the purchase and having received no benefit while the deceased and Defendant enjoyed possession and rents, was entitled to have the property sold; the Defendant's claim of a resulting or constructive trust was rejected as there was no factual basis and the registered shares are equal under s.343(1)(a) NLC 1965; the court endorsed the power to order sale under s.145 and s.25 CJA 1964 (para 3 Schedule).
2 Oct 2025

YHL CONSULTING GROUP SDN BHD 1. ) LOW KIM LENG 2. ) PER GUAT HEONG

Citation

BA-22NCvC-103-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-103-03/2022 (Mahkamah Tinggi)

Agreement 41 at RM1.3 million was a valid and enforceable contract because the First Defendant signed and accepted a cleared deposit, and the Second Defendant's conduct amounted to implied authority and representation that bound her; therefore the Defendants were estopped from denying the First Defendant's authority and specific performance was appropriate.
24 Jul 2025

SHYAMALA A/P M. SHANMUGANATHAN 1. ) KO BOON LEONG 2. ) Pengarah Pejabat Tanah dan Galian Kerajaan Negeri Pahang

Citation

CB-24NCvC-63-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCvC-63-07/2021 (Mahkamah Tinggi)

Co-ownership of the land was established as equal undivided halves and the parties could not agree on boundary delineation despite attempts; exercising statutory powers under section 145 NLC and section 25 Courts of Judicature Act, the court found partition (allocation of equal plots based on evidence and title records) to be just and expedient and ordered termination of co-ownership with specific plot allocations and registration endorsements rather than ordering a sale by auction.
20 May 2025

RAFIDAH BINTI RAMLI 1. ) MOHD KHAIROL BIN MOHD YASIN 2. ) ROSDIN BIN RAMLY

Citation

BA-22NCvC-407-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-407-10/2021 (Mahkamah Tinggi)

Plaintiff failed to prove that the shop house is situated on her specific undivided share; under the National Land Code co-proprietors are entitled to possession of the whole until partition and the Plaintiff should have joined other co-proprietors or sought partition; the alleged licence/consent by the transferor was ineffective after transfer and estoppel was not established; accordingly both the claim and counterclaim are dismissed.
16 Dec 2024

LEE KEAN CHOON 1. ) KHOO SAN 2. ) PENGARAH TANAH DAN GALIAN SELANGOR 3. ) Pentadbir Tanah Daerah Klang

Citation

B-01(NCvC)(A)-776-10/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

B-01(NCvC)(A)-776-10/2022 (Mahkamah Rayuan)

Although the Court found the substituted service effected by the Third Respondent was irregular and premature, the appellant was deemed to have been informed of the partition decision in early March 2021; the three-month statutory appeal period under section 418 NLC therefore began then and the appellant's originating summons was filed out of time; consequently the High Court's dismissal of the originating summons and findings on the counterclaim are affirmed.
16 Dec 2024

KHOO SAN LEE KEAN CHOON

Citation

B-01(NCvC)(A)-806-11/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

B-01(NCvC)(A)-806-11/2022 (Mahkamah Rayuan)

Although substituted service by the Third Respondent was irregular and premature, the three‑month limitation under s.418 NLC began to run from the date the Plaintiff was informed of the partition decision in early March 2021; the Plaintiff's appeal was therefore filed out of time and the High Court's dismissal of the originating summons and refusal of the First Defendant's counterclaim was correct and is affirmed.
17 Sept 2024

1. ) MEE KIOW 2. ) LOO TOON WAH 3. ) LOO SOON CHYE 4. ) LOO SOON SUM 5. ) LOO SOON TEIK LOO SOON HONG

Citation

PA-22NCvC-163-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-163-10/2023 (Mahkamah Tinggi)

P3–P5 as registered co-proprietors retained rights to contest; defendant was entitled to remove decayed, dangerous oil palm trees and to permit an extension to existing House 371 because the extension did not exceed his 1/5 undivided share and House 371 carried special equitable recognition; P1 and P2 lacked locus standi to sue in personal capacity while title remained in deceased's name and administrators acted jointly; defendant failed to prove the counterclaim as to the said structures and profits, and his counterclaim was barred by laches/acquiescence; accordingly both the plaintiffs' cla…
15 Aug 2024

1. ) TAN KIM CHONG @ TAN KIM HUAT 2. ) TAN SAI PENG@TAN KIT HO (Sebagai Pemegang Kuasa Wakil No. 1038/05 yang didaftarkan di Mahkamah Tinggi Taiping pada 6/12/2015) 3. ) Lean Mah Holding Sdn Bhd KANG CHOON KEAT

Citation

PA-22NCvC-73-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-73-03/2019 (Mahkamah Tinggi)

The Partition Agreement and irrevocable Power of Attorney remained valid because the delay was caused by external events (land acquisitions, issuance of final title, death of surveyor) and the co-proprietors continued conduct (payment of quit rent, no rescission) showed consent; the Defendant refused to join or consent to partition so s.145 NLC applies; the Draft Plan based on registered shares was appropriate and not prejudicial; accordingly the Plaintiffs satisfied s.145 NLC and the court granted termination of the co-proprietorship and consequential orders, with costs awarded to Plaintiffs.