Malaysia Case Law: Decisions & Judgments

Topic

Recovery of land

Legal area

Court

24 Apr 2024

RUSNA BINTI KASSIM 1. ) NASRON BIN ISKANDAR 2. ) SURIANA BINTI NASRON 3. ) SUZILAWATI ANA BINTI NASRON 4. ) SUZLINA BINTI NASRON 5. ) SUZLITA BINTI NASRON

Citation

BA-22NCvC-496-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-496-12/2023 (Mahkamah Tinggi)

The High Court refused to strike out the Plaintiff's writ and statement of claim because material factual disputes (including the existence, use and boundaries of the 940 sq ft subject land and the alleged transfer/refusal) required resolution at a full trial with oral witnesses; strike‑out was therefore inappropriate. Separately, by reason of the statutory amendment to subsection 68(1) Court of Judicature Act 1964 and the Order 18 r.19 amendment which came into force on 1 October 2022 (P.U.(B)451/2022), an appeal against the strike‑out decision in this case is unappealable as a matter of law.
2 Oct 2023

RHB BANK BERHAD PLB LAND SDN BHD

Citation

P-02(NCvC)(A)-2420-12/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

P-02(NCvC)(A)-2420-12/2021 (Mahkamah Rayuan)

Although RHB as assignee may have held beneficial interest despite the developer's original breach, that proprietary claim was time‑barred and defeated by laches: the cause of action in rem accrued at the developer's failure to deliver vacant possession in 1998 and the 12‑year limitation period (and alternatively the 6‑year in‑personam period) had expired; RHB's 20‑year inaction also invoked laches making it inequitable to disturb PLB's completed rehabilitation and title; appeal dismissed and High Court decision affirmed.
10 Aug 2023

1. ) EDWARD STANISLAUS DE SILVA 2. ) ANITA SORNAM LEVINS A/P SAMUEL LEVINS 3. ) NOR AZLAN BIN MOHAMAD 4. ) MOHAMAD BIN JAAFAR 5. ) SAMSIAH BINTI ABDUL TALIB 6. ) LEE LIAN YEN 7. ) REVIDHARAN NAIR A/L RAGHAVAN PILLAI 8. ) FEZERLON @ FADZELON

Citation

WA-22NCvC-452-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-452-08/2020 (Mahkamah Tinggi)

Court held the principal cause of action is for recovery of land (12‑year limitation). The cause of action did not accrue so as to bar the Plaintiffs because no clear and unequivocal refusal by the Defendant to deliver vacant possession occurred until the Defendant applied to enter appearance and file a defence (7.10.2020); thus claims for recovery of land and specific performance are not time‑barred. Liquidated damages claims accrued in 2002/2003 and are statute‑barred (six years). Defendant is bare trustee for Plaintiffs 1–11 who paid in full; Plaintiffs 12–25 hold enforceable equitable rig…
4 Oct 2021

SRI ASTAKA SDN. BHD (Company No.: 170869-D) CHONG LE CHIN (NRIC No.: 780419-08-5374)

Citation

AA-22NCvC-15-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCvC-15-02/2019 (Mahkamah Tinggi)

Undisputed affidavit and documentary evidence showed the Plaintiff's private caveats were withdrawn in 2004 and the Plaintiff was aware; cause of action therefore accrued in 2004 and limitation expired (six years for tort by 2010; twelve years for recovery of land by 2016). Because the suit was filed in 2019 the claim was time‑barred. Limitation, when established by evidence, can render a claim frivolous, vexatious or an abuse of process and justify striking out under Order 18 r19, so the Plaintiff's claim was struck out with costs.
7 Apr 2021

GLOMAC ALLIANCE SDN BHD (NO. SYARIKAT : 433582--H) AFFIN BANK BERHAD (NO. SYARIKAT : 25058-T)

Citation

WA-11ANCVC-71-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCVC-71-09/2020 (Mahkamah Tinggi)

The High Court held that the plaintiff's statement of claim discloses triable issues related to alleged wrongful conversion/unauthorised change and sale of land and proprietary rights arising from loan security; the matter was not a plain and obvious case for summary disposal under Order 18 r.19, therefore the Magistrate's refusal to strike out the claim was correct and the appeal was dismissed with costs.

Malaysia Case Law

RUSNA BINTI KASSIM 1. ) NASRON BIN ISKANDAR 2. ) SURIANA BINTI NASRON 3. ) SUZILAWATI ANA BINTI NASRON 4. ) SUZLINA BINTI NASRON 5. ) SUZLITA BINTI NASRON

RHB BANK BERHAD PLB LAND SDN BHD

1. ) EDWARD STANISLAUS DE SILVA 2. ) ANITA SORNAM LEVINS A/P SAMUEL LEVINS 3. ) NOR AZLAN BIN MOHAMAD 4. ) MOHAMAD BIN JAAFAR 5. ) SAMSIAH BINTI ABDUL TALIB 6. ) LEE LIAN YEN 7. ) REVIDHARAN NAIR A/L RAGHAVAN PILLAI 8. ) FEZERLON @ FADZELON

SRI ASTAKA SDN. BHD (Company No.: 170869-D) CHONG LE CHIN (NRIC No.: 780419-08-5374)

GLOMAC ALLIANCE SDN BHD (NO. SYARIKAT : 433582--H) AFFIN BANK BERHAD (NO. SYARIKAT : 25058-T)