20 Sept 2020
1. TUAN MAT BIN TUAN SOH 2. PENTADBIR TANAH JAJAHAN KOTA BHARU 3. KERAJAAN NEGERI KELANTAN 1. ZAITON BINTI ISMAIL (Sebagai wakil Diri Kepada Che Fatimah binti Mat Yusoff) 2. MOHAMAD BIN ARIFIN 3. NIK SALMAN BIN NIK DIN 4. HASNIRA BINTI MOHA
- Citation
- DA-12B-47-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-47-10/2018 (Mahkamah Tinggi)
The High Court found the witnessing recorded on Form 14A (Eksh P2) could not have occurred on the stated date after the deceased's death and that Eksh P2 was defective (missing consideration and incorrect ID). The land officer's failure to witness and date the instrument contemporaneously amounted to negligence in breach of statutory duty; that negligence caused the registration of an invalid instrument and loss to the plaintiff. Defendants second and third were vicariously liable because the officer acted in the course of his statutory duties. The Sessions Court's finding of liability and th…