Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Limitation period (limitation act 1953 s.9)
  • 18 Sept 2025

    TAN SENG GUAN TEE BA @ TEE SIEW PEE

    Citation
    JA-22NCvC-41-04/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-22NCvC-41-04/2024 (Mahkamah Tinggi)

    The court found on the documentary record that no trust memorial, endorsement or trust deed existed to support plaintiff's equitable claim; titles in defendant's name were prima facie indefeasible and plaintiff's alleged trust claims emerged many years after registration such that the right to sue accrued on registration. The claims were therefore obviously unsustainable and time‑barred under Limitation Act 1953 s.9. Accordingly the defendant's Order 18 r.19(1)(a),(b) and (d) application succeeded and the writ and statement of claim were struck out with costs.

    • Beneficial ownership
    • Bare/constructive trust
    • Striking out pleadings (o.18 r.19)
    • Limitation period (limitation act 1953 s.9)
    • Indefeasible title
    • Caveat