24 Jan 2022
1. ) Makhtar Bin Mat 2. ) Hasbullah Bin Mat 3. ) Che Ghani Bin Mohamad Zariah Binti Muhamad
- Citation
- DA-22NCvC-6-01/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCvC-6-01/2018 (Mahkamah Tinggi)
On the balance of probabilities the court accepted the fingerprint expert's court‑ordered comparison (P1) that the thumbprints on P2 and P3 were not those of the deceased but matched a different person; P2 and P3 are therefore forged, the transfers effected by them are void, indefeasibility under s340 is defeated, plaintiffs as beneficiaries have equitable interest and locus standi to seek declaratory reliefs, and an adverse inference under s114 was warranted for failure to call the material witness; consequential reliefs and costs were granted.