Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Recovery of immovable property

Legal area

Court

15 Feb 2022

LOH CHEOW KEONG (NO.K/P: 520906-71-5141) LOH TOK KOON (NO.K/P: 570908-01-5531)

Citation

JA-24NCVC-376-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCVC-376-05/2021 (Mahkamah Tinggi)

There was no bona fide question of title; the dispute concerned recovery of possession by the registered owner and the applicant's transfer application was a dilatory tactic; therefore the Sessions Court has jurisdiction under s70 and the transfer to the High Court is refused.
13 Mar 2020

VALUABLE CONCEPT SDN BHD PERSONAL REPRESENTATIVE OF THE ESTATE OF THE DECEASED PERSON, SALLEH BIN SARING

Citation

52-16-02/2013 (Mahkamah Sesyen)
Court

Sessions Court
Case number

52-16-02/2013 (Mahkamah Sesyen)

The application was dismissed because the plaintiff failed to commence enforcement against a duly appointed personal representative in breach of Order 15 r 6A(4), rendering the action unenforceable against the estate; additionally, the Sessions Court lacks jurisdiction to issue a writ of seizure and sale in respect of immovable property, which is within the High Court's powers.