Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Indefeasibility (torrens)
  • 19 Nov 2025

    CHAI HONG KIAT CHAI SIEW LOONG

    Citation
    JA-24NCvC-1051-08/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-24NCvC-1051-08/2024 (Mahkamah Tinggi)

    Plaintiff failed to discharge burden to show statutory threshold under s145(1)(a) or (b) NLC; no reliable technical or statutory evidence that partition is impossible and defendant did not manifestly refuse a concrete partition application; WhatsApp exchanges lacked essential certainty to form an enforceable contract for transfer; equitable doctrines do not justify extinguishing defendant's registered half for RM4,600.57; defendant failed to prove counterclaim for RM169,783.81. Accordingly both main claim and counterclaim are dismissed with costs awards as ordered.