Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sale vs mortgage
  • 29 Oct 2025

    Shahrel Azizi bin Saad Harun bin Ramli

    Citation
    KA-22NCvC-7-02/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-22NCvC-7-02/2024 (Mahkamah Tinggi)

    The court found on the evidence and terms of the SPA that the transaction was a genuine sale (buyer paid full price, possession given, SPA recitals and clauses, and a Power of Attorney and charge were protective measures pending expiry of a ten‑year restriction). The Defendant's loan narrative was not credible and inconsistent with documents and earlier admissions. Because the claim involved recovery of trust property by a beneficiary, section 22 Limitation Act 1953 excluded the 12‑year limitation; therefore the Plaintiff's claim succeeded and the Defendant's counterclaim failed.