Malaysia Case Law: Decisions & Judgments

Topic

Limitation/time bar

Legal area

Court

19 May 2025

1. ) SAADIAH BINTI ALI 2. ) MANA-MANA ORANG YANG MENGHUNI SECARA HARAM TANAH YANG DIPEGANG BAWAH HAKMILIK HSM 5339 PT 8540 MUKIM BATU DAERAH KUALA LUMPUR WILAYAH PERSEKUTUAN KUALA LUMPUR Affida Binti Ahmad (Pentadbir Harta Pusaka Dan Estet

Citation

W-02(NCvC)(W)-2146-12/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-2146-12/2023 (Mahkamah Rayuan)

Appeal dismissed because appellants failed to rebut the indefeasibility of the registered title: documentary evidence was inadmissible, unauthenticated or hearsay; no trust was established or registered; limitation barred the counterclaim; even corrected lot identification did not cure evidentiary deficiencies.
19 Apr 2024

1. ) Gnasegaran A/l Palani 2. ) Palanisamy A/l Marappan 3. ) Arumugam A/l Muthusamy Ramesh @ Muthu A/l Nallayan

Citation

WA-22NCvC-522-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-522-09/2023 (Mahkamah Tinggi)

The court struck out the plaintiffs' suit because the ownership issue had been conclusively adjudicated (res judicata/issue estoppel), the plaintiffs were bound by their prior sworn testimony and statutory declarations, the claim was time‑barred and the plaintiffs lacked locus standi to challenge the will/grant in this forum; further the claim failed to plead particulars of fraud and constituted an abuse of court process; consequently there was no reasonable cause of action.
5 Jul 2022

LAKEFRONT RESIDENCE SDN BHD 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) WONG BOON LENG

Citation

BA-25-61-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-61-08/2021 (Mahkamah Tinggi)

The High Court held the Tribunal had jurisdiction under s16N(2) because the centralised air‑conditioning formed part of the SPA as evidenced by approved plans, the Deed of Mutual Covenant and admissions by the applicant; the claims fell within the SPA defect/liability period (clause 29) and thus were within the statutory time limit; the Tribunal did not exceed its jurisdiction by considering the technical report and human/environmental factors and its award was within the RM50,000 limit, therefore the judicial review failed and the application was dismissed.
16 Jul 2021

YEE PLANTATION SDN BHD (CO. NO.: 452445-D) LIEW SUAT LING (NRIC NO.: 670527-07-5192)

Citation

WA-22NCC-174-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-174-04/2019 (Mahkamah Tinggi)

The court accepted contemporaneous corporate records and unchallenged testimony of the company secretary that the 500,000 shares were treated and filed as fully paid in Form 24 and audited accounts from 2011; the Plaintiff failed to prove on the balance of probabilities that the shares were unpaid; absence of critical witness (Chin Yoke Chun) attracts adverse inference against the Plaintiff; the 2019 repayments were not credible evidence of an original loan and s75(6) CA 2016 is irrelevant to the lien claim; accordingly the Plaintiff’s claim was dismissed.
22 Apr 2021

POH LIONG BAN JABATAN INSOLVENSI MALAYSIA

Citation

WA-25-400-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-400-12/2020 (Mahkamah Tinggi)

The court held it had no power to allow the proposed amendment to the Notice of Application for leave because Order 53 of the Rules of Court 2012 restricts amendments to the statement only; the amendment was an afterthought prompted by AGC's objection and would be useless because the leave application was filed out of time, therefore the amendment application was dismissed with costs.
TAN SRI ABDUL AZIZ ZAIN v UNITED OVERSEAS LAND LTD

Citation

TAN SRI ABDUL AZIZ ZAIN v UNITED OVERSEAS LAND LTD
Court

Malaysian court

The judge refused the proposed amendment because it would introduce a new, contradictory cause of action that would change the character of the suit and complicate the trial; restitution of the lands was not a viable remedy given the prior court order for sale confirmed on appeal and subsequent sales to third parties; the prejudice could not be adequately remedied by costs; accordingly the defendants' appeal against the order allowing the amendment was allowed and the amendment was refused.

Malaysia Case Law

1. ) SAADIAH BINTI ALI 2. ) MANA-MANA ORANG YANG MENGHUNI SECARA HARAM TANAH YANG DIPEGANG BAWAH HAKMILIK HSM 5339 PT 8540 MUKIM BATU DAERAH KUALA LUMPUR WILAYAH PERSEKUTUAN KUALA LUMPUR Affida Binti Ahmad (Pentadbir Harta Pusaka Dan Estet

1. ) Gnasegaran A/l Palani 2. ) Palanisamy A/l Marappan 3. ) Arumugam A/l Muthusamy Ramesh @ Muthu A/l Nallayan

LAKEFRONT RESIDENCE SDN BHD 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) WONG BOON LENG

YEE PLANTATION SDN BHD (CO. NO.: 452445-D) LIEW SUAT LING (NRIC NO.: 670527-07-5192)

POH LIONG BAN JABATAN INSOLVENSI MALAYSIA

TAN SRI ABDUL AZIZ ZAIN v UNITED OVERSEAS LAND LTD