16 Jul 2020
LAYAU BRAYAN 1. ) SILLY@LAWRENCE AK MANGGAT 2. ) All unknown persons in occupation of all that parcel of land situated at Kampung Tabuan Dayak described as Lot 2767 Block 1, Muara Tebas Land District
- Citation
- Q-02(NCVC)(W)-1364-06/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- Q-02(NCVC)(W)-1364-06/2018 (Mahkamah Rayuan)
The Court allowed the appeal, holding that the appellant's registered title under the Sarawak Land Code is indefeasible in the absence of fraud (s132) and therefore prevails over any non-registrable licence or equitable interest claimed by the respondent; the respondent was at best a gratuitous licensee whose equitable rights had ceased by abandonment and could not bind the appellant as a subsequent registered proprietor; the High Court erred in treating the appellant as having been bound by the deceased owner's representations and in failing to apply s132.