15 Mar 2024
Bisi Anak Jinggot & 21 Lagi LEMBAGA AMANAH KEBAJIKAN DARUL FALAH
- Citation
- Q-01(IM)(NCvC)-265-05/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- Q-01(IM)(NCvC)-265-05/2021 (Mahkamah Rayuan)
Section 134(1) of the Sarawak Land Code must be read to permit a person defrauded to attack a registered title procured or made by fraud even where the registered proprietor was not complicit; the High Court erred in applying TH Pelita Sadong because that case involved no allegation of fraud against the registered proprietors; section 134(2) protection does not apply because the respondent was not a subsequent purchaser from a prior registered proprietor; the Order 14A striking out was wrongly granted and the matter must proceed to trial to determine the fraud allegations.