14 Oct 2020
Ahmad bin Shafie Izham bin Shafie
- Citation
- KA-11(B)NCC-2-06/2019 (Mahkamah Tinggi)
- Court
- B
- Case number
- KA-11(B)NCC-2-06/2019 (Mahkamah Tinggi)
The High Court upheld the Magistrate: the plaintiff established registered temporary title and encroachment through JUPEM-approved plan and surveyor report; Section 83 was inapplicable because the plaintiff's survey was for temporary title, not final title; the defendant failed to show a better title or rebut the survey evidence; Exhibit P8 was admissible despite technical non-compliance with Order 40A because the defendant produced no contrary expert evidence. Therefore the Magistrate's judgment is affirmed and the appeal dismissed.