Malaysia Case Law: Decisions & Judgments

Topic

Equitable ownership

Legal area

Court

25 Sept 2023

1. ) MOHD SYAMSUL AKMAR BIN MOHD SUKERI 2. ) MOHD SUKERI BIN ABDUL HAMID 1. ) MOHD NOOR DIN BIN MOHD NOOR 2. ) NORIZAM BINTI MOHAMED NOR

Citation

DA-22NCvC-44-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-44-08/2019 (Mahkamah Tinggi)

Plaintiffs failed to prove they acquired equitable ownership/bare trust because full purchase price and a registrable transfer were not established; however the court accepted plaintiffs had permission to occupy and that defendants' conduct in forcibly evicting and damaging the property justified restitution of the RM160,000 paid and an award of exemplary damages. Consequently the sale cannot be completed and plaintiffs are entitled to return of payments and punitive compensation.
24 Mar 2021

SRI MUDA CORNER HOLDINGS (M) SDN BHD IRDK LAND SENDIRIAN BERHAD & ANOTHER

Citation

BA-24NCVC-1603-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-1603-11/2019 (Mahkamah Tinggi)

Plaintiff was bound by the terms of the Memorandum of Sale which placed on the purchaser the duty to obtain developer's consent and relieved the assignee of the obligation to procure developer consent or register charge; the 2nd Defendant therefore was not obliged to obtain consent, register charge or execute Form 14A to transfer on behalf of the registered proprietor; however the 1st Defendant, having received the full purchase price and thus being a bare trustee, can be ordered in personam to execute Form 14A in favour of the Plaintiff and deliver the title, notwithstanding the existence of…
KWAN KWOK KWONG & ANOR V. TRENOLO RESOURCES SDN BHD

Citation

KWAN KWOK KWONG & ANOR V. TRENOLO RESOURCES SDN BHD
Court

Malaysian court

On full payment of the purchase price the purchaser became entitled to the full benefits of legal and beneficial ownership such that the vendor was obliged to discharge registrable encumbrances; clauses 13 and 23 only defer formal registration pending issuance of strata title and protect vendor against official delay, but do not permit the vendor to encumber the parcel beyond the point of full payment; clause 15's consent to encumber is subject to the express obligation to transfer free of registrable encumbrances under clause 1.
LEE ENG EOW v LOW AH LIAN

Citation

LEE ENG EOW v LOW AH LIAN
Court

Malaysian court

Article 16 prohibits transfer but does not prevent transmission; therefore although the widow could not be registered as legal owner under the articles, she is entitled to the shares as equitable owner under the will; the plaintiff's originating summons is dismissed.

Malaysia Case Law

1. ) MOHD SYAMSUL AKMAR BIN MOHD SUKERI 2. ) MOHD SUKERI BIN ABDUL HAMID 1. ) MOHD NOOR DIN BIN MOHD NOOR 2. ) NORIZAM BINTI MOHAMED NOR

SRI MUDA CORNER HOLDINGS (M) SDN BHD IRDK LAND SENDIRIAN BERHAD & ANOTHER

KWAN KWOK KWONG & ANOR V. TRENOLO RESOURCES SDN BHD

LEE ENG EOW v LOW AH LIAN