12 Aug 2020
1. ISMAIL BIN AWANG (K/P NO: 491202-03-5607) 2. RAHMAH BT. CHE KOB (K/P NO: 2418493) ROHANI BT AWANG (K/P NO: 4453677)
- Citation
- DA-24NCVC-144-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24NCVC-144-04/2019 (Mahkamah Tinggi)
The court held that the defendant could not, in this originating summons under s145, successfully impeach the first plaintiff's registered share; a caveat does not bar an application under s145; no counter‑proposal or certified rival plan was filed by the defendant to justify refusing partition; accordingly the originating summons for termination of joint ownership and partition was allowed.