Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Overlapping lots
  • 16 Feb 2024

    SHAARI BIN GHANI Pentadbir Tanah Daerah Gombak

    Citation
    BA-22NCvC-40-01/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22NCvC-40-01/2022 (Mahkamah Tinggi)

    Plaintiff failed to prove on the balance of probabilities that an actionable overlap existed or that the defendant breached statutory or administrative duties causing compensable loss; PT2 remained a qualified title pending final survey so boundaries were provisional; therefore most reliefs (including RM517,319.60 claim, general damages, interest and costs) were rejected, but equitable relief limited to recalculation/refund of any overpaid land tax and a court‑ordered meeting to resolve finalization of title and boundaries was appropriate.