28 Dec 2023
AINUN MAZIYAH BINTI HASSAN 1. ) AWANG @ HAMZAH BIN DAUD 2. ) TENGKU WAJIHAH BINTI RAJA HARUN 3. ) Pejabat Tanah dan Galian Negeri 4. ) Kerajaan Negeri Kelantan
- Citation
- DA-21NCvC-7-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-21NCvC-7-04/2019 (Mahkamah Tinggi)
Court accepted existence and genuineness of the PJB and eyewitness evidence of signing; found Form 14A defective/insufficient (no consideration recorded) and Plaintiff was confused/misled into writing "SEMUA" resulting in an instrument that was void/insufficient under Section 26 Contracts Act 1950; under Section 340 National Land Code registration was therefore defeasible and liable to be set aside; accordingly transfer of the full 3/10 share is declared void, 1 acre to be re-registered to Plaintiff, limited damages and costs awarded, and claims against public officers dismissed.
- Registration indefeasibility under national land code
- Void/insufficient instrument (form 14a)
- Contract formation and section 26 contracts act 1950
- Admissibility of documentary evidence section 73a evidence act 1950
- Private caveat (section 323 nlc)
- Public officer immunity (government proceedings act 1956)