Malaysia Case Law: Decisions & Judgments

Topic

Declaration of title

Legal area

Court

1 Dec 2025

VIRGIN MANAGEMENT SDN BHD Jayaganesh a/l Seraman @ Jayaraman

Citation

JA-24NCvC-1063-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-1063-08/2024 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiff holds the beneficial interest in Unit No 5 by virtue of the joint‑venture agreement and deed of assignment; equitable ownership confers locus standi to obtain declaratory relief and a perpetual injunction against trespassers; the Defendant produced no enforceable contract or payment to the Plaintiff and the third‑party affidavit is hearsay of no probative weight; additionally the unit is subject to Bumiputera restrictions making any sale to the Defendant void ab initio, therefore Plaintiff's claims succeed.
21 Aug 2025

1. ) IBTIHAD BINTI MUSTAFA 2. ) MOHD ZAIN BIN IDRIS 3. ) MOHAMAD MASYA'AL BIN MOHAMAD RODZI 4. ) SAUBARIAH BINTI SENAPI 1. ) CHE GON BINTI CHE SAAD 2. ) MOHAMMAD FAKHRUL RADHI BIN AHMAD 3. ) ROSNANI BINTI AHMAD 4. ) RUSALINA BINTI AHMAD 5.

Citation

KB-22NCvC-17-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KB-22NCvC-17-06/2024 (Mahkamah Tinggi)

Plaintiffs as registered proprietors held indefeasible title under s.340 NLC; defendants failed to plead or prove existence of a constructive trust (claims were pleaded as a direct trust at most) and thus failed the evidential burden; defendants’ claims were time-barred in any event; accordingly plaintiffs’ declaration of registered ownership is granted and defendants must deliver vacant possession within one year, but damages and declaration of trespass were refused for lack of proof.
25 Mar 2025

WONG SIEW TSAE PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN, KUALA LUMPUR

Citation

WA-24NCvC-342-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-342-01/2025 (Mahkamah Tinggi)

The originating summons was defective for failing to specify the statutory provision empowering the relief; the Court lacked jurisdiction to grant the substantive declaration because the National Land Code vests powers over surrender and re‑alienation in the State/executive; the proper course is referral to the State Authority for reconsideration and, if necessary, judicial review, therefore the OS is dismissed.
16 Dec 2024

1. ) JASMI BIN YUSOF 2. ) KHALMA ROS BINTI KHOLI 1. ) MUHAMMAD OSMAN BIN KATERAN 2. ) MOHAMED SAZALI BIN ABDUL AZIZ 3. ) TETUAN SAZALI & LIM

Citation

CB-22NCvC-22-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-22-12/2021 (Mahkamah Tinggi)

On the balance of probabilities the written sale agreement and witness testimony established plaintiffs purchased 10 acres for RM1.8 million and received that land; plaintiffs failed to prove fraud, undue influence or breach of fiduciary duty and failed to show Defendant One was a bare trustee for plaintiffs; adverse inference under s114(g) Evidence Act was not attracted; claims dismissed and costs awarded to defendants.
11 Mar 2024

Jayandran A/l Subramaniam (Sebagai Wasi Bagi Harta-pesaka Ramaney A/l Ramu (No. Kp: 460514-10-5107), Simati) 1. ) RAJAPRAKASH A/L RAGHAVAN 2. ) POOVARAJA A/L RAGHAVAN 3. ) VINOTHINI A/P RAGHAVAN

Citation

BA-22NCvC-508-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-508-12/2022 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff failed to prove the principal assertion of lawful beneficial ownership entitling him to the reliefs claimed; the evidence (including conduct and title transfers) established that Ramaney held half shares in the disputed lots in trust for the deceased's children as per the Deeds of Trust and defendants' counterclaim for declarations/registration was allowed (claims for damages were rejected). The court ordered relevant land registration authorities to give effect to the declarations within 30 days and made costs orders accordingly.
28 Feb 2024

1. ) T.MOHAN A/L ELLEN@THANDAVAMURTHI 2. ) LOR SY SHYAN KUNASAKRAN A/L KONAN @ SABAPATHY

Citation

BA-22NCvC-299-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-299-08/2020 (Mahkamah Tinggi)

Plaintiffs failed to prove the continuous chain of title from the registered owners to themselves; the evidential gaps (missing links) in the sale chain were not remedied at trial and documents introduced after trial were excluded as unfair; on the balance of probabilities the plaintiffs did not establish beneficial ownership or entitlement to declaratory and injunctive relief, therefore the plaintiffs' claims were dismissed; the defendant's counterclaim was dismissed with costs.
1 Aug 2023

AHMAD ZIL'IE BIN AB RAZAK 1. ) CHE KAMARUDDIN BIN IBRAHIM 2. ) HUSSIN @ HUSSEIN BIN WAN NAWANG @ W. AWANG

Citation

DA-24NCvC-47-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCvC-47-02/2023 (Mahkamah Tinggi)

The PJB (19.12.2018) covered both Lot 1275 and Lot 2647 as a single sale for RM540,000; the parties validly executed an SPT which evidenced the agreed variation to sell Lot 1275 effectively at RM330,000; plaintiff failed to prove any binding oral agreement for RM240,000 and failed to pay the contractual balance; plaintiff's claims are dismissed and costs awarded to defendants.
20 Jul 2023

1. ) Sharifah Khazian Bt Ahmad Misro 2. ) Sharifah Hanom Binti Ahmad Misro 3. ) Siti Zubaidah Binti Ahmad Misro 1. ) MAKHROR BIN MISBAH 2. ) MOHAMAD MAHFOL BIN MISBAH 3. ) MOHAMAD ZAKIAN DIO 4. ) ZAKARIA DIO 5. ) MOHD RAZALI SADIMIN

Citation

BA-22NCvC-494-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-494-12/2022 (Mahkamah Tinggi)

Court declared that the 1½ acre portion was sold by Misbah to plaintiffs' father and plaintiffs are the beneficial owners entitled to registration; defendants ordered to sign and execute transfer (Form 14A) within 14 days or Registrar to effect transfer; claim for RM669,650 was dismissed because plaintiffs failed to adduce admissible evidence proving loss and amount, the claim was speculative/remote and inconsistent with the declaratory relief, and the burden of proof rested on plaintiffs.
13 Jun 2023

Vitalingam a/l Pitchay Muthu 1. ) Pentadbir Tanah dan Daerah Timur Laut 2. ) Cerah Bakti Sdn Bhd 3. ) Neoh Wee Peng

Citation

PA-24NCvC-822-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCvC-822-11/2020 (Mahkamah Tinggi)

The originating summons was procedurally defective for inadequate intitulement and particulars, but the pleaded cause of action (breach of the compensation agreement and the trust/undertaking in exhibit C) justified permitting the matter to proceed; therefore the proper remedy is conversion to writ so that the factual disputes, issues of appeal under s.418 and limitation can be fully ventilated through pleadings. The court ordered conversion of the originating summons to a writ and directed that affidavits already filed shall stand as pleadings.
5 May 2023

1. ) Thye Kong Yoon (Sebagai Pentadbir kepada Harta Pusaka Thye Yin (simati)) 2. ) Tai Kim Sin (Sebagai Pentadbir kepada Harta Pusaka Tai New Chye (simati)) 3. ) Thye Fei Foong 4. ) Thye Fue Foong 5. ) Thye Chee Keong 1. ) Tai Shoo 2. ) Tai

Citation

CB-22NCvC-23-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-23-11/2022 (Mahkamah Tinggi)

The application to amend was dismissed because the proposed amendments introduced a new issue (validity of the 1975 will and a declaratory claim to title) that did not arise from the plaintiffs' original pleadings or their amendment, would change the character of the suit and therefore failed the Yamaha Motor test; the defendants' application was not permissible and caused unjustifiable prejudice.