27 Sept 2021
S. MOHAMED NAZIR BIN SHEIK MOHD NG KOK CHEE
- Citation
- AA-A72-36-10/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AA-A72-36-10/2020 (Mahkamah Majistret)
The application under Order 18 Rule 19 was allowed because the plaintiff's pleadings, taken as a whole, in substance challenged the defendant's title to the subject land (a bona fide question of title) which the Magistrate's Court lacked jurisdiction to determine; additionally the present action was a repetitive third suit raising the same issues and constituted an abuse of process and res judicata; the plaintiff failed to plead factual particulars to support alleged fraud/undue influence to invalidate the consent judgment, therefore the claim was plainly unsustainable and was struck out with…