XXXX v XXXX

22ncvc-409-08-2014 High Court (Mahkamah Tinggi) 23 March 2025 • 22NCVC-409-08/2014

Catchwords

Equitable occupation and statutory compensation under section of the 28(2) Civil Law Act 1956. This case concerns a dispute over a parcel of land between a registered proprietor and long-term occupiers claiming equitable rights under a family trust. The issues remitted by the Court of Appeal were whether the plaintiff was entitled to rental from the defendants and whether the defendants were entitled to compensation for improvements under section 28(2) of the Civil Law Act 1956. The High Court held that the plaintiff was not entitled to rental as the sale was with notice of occupation and no tenancy existed. The defendants were awarded compensation having rebuilt the house in good faith believing in their beneficial interest.

Practice Areas

Equity & Trusts

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

Xxxx Defendant Xxxx Plaintiff

Judgment

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Read on eJudgment

Source: eJudgment (22ncvc-409-08-2014)