20 Sept 2022
SUHAIMI BIN BASRI 1. ) RAHMAH BINTI AHMAD 2. ) PENTADBIR TANAH DAERAH KLANG 3. ) Kerajaan Negeri Selangor 4. ) ARZMI BIN MOHD ATAN (PENOLONG PENTADBIR TANAH KANAN DAERAH PETALING)
- Citation
- BA-22NCvC-272-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-272-06/2019 (Mahkamah Tinggi)
On the balance of probabilities the court found the sale transaction and power of attorney valid and supported by witnesses and conduct; the transfer recorded in 2012 was procured by forgery and was therefore a void instrument; Defendants 2 and 3 were negligent in certifying the transfer and the State (Defendant 4) is vicariously liable; damages and costs were awarded to Plaintiff and partial indemnity/recovery against Defendant 1 was ordered at a reduced rate (50%) for the sums paid by public defendants.