21 Aug 2025
1. ) IBTIHAD BINTI MUSTAFA 2. ) MOHD ZAIN BIN IDRIS 3. ) MOHAMAD MASYA'AL BIN MOHAMAD RODZI 4. ) SAUBARIAH BINTI SENAPI 1. ) CHE GON BINTI CHE SAAD 2. ) MOHAMMAD FAKHRUL RADHI BIN AHMAD 3. ) ROSNANI BINTI AHMAD 4. ) RUSALINA BINTI AHMAD 5.
- Citation
- KB-22NCvC-17-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KB-22NCvC-17-06/2024 (Mahkamah Tinggi)
Plaintiffs as registered proprietors held indefeasible title under s.340 NLC; defendants failed to plead or prove existence of a constructive trust (claims were pleaded as a direct trust at most) and thus failed the evidential burden; defendants’ claims were time-barred in any event; accordingly plaintiffs’ declaration of registered ownership is granted and defendants must deliver vacant possession within one year, but damages and declaration of trespass were refused for lack of proof.