LAN ING HOCK @ LAU ING HOCK v TOH CHING KING
Catchwords
EVIDENCE: Admissibility of documents – Onus of proof lies on one who asserts forgery and fabrication – Production of original document – Exception to hearsay under Section 32 and 73A of the Evidence Act 1950 LAND: Ownership of land – Sale of land vide oral agreement – Hearsay – Absence of direct evidence – Circumstantial evidence – No adverse possession under section 341 of the National Land Code 1965 – Allegation that the Power of Attorney represented as an instrument to transfer the land – Possession of the title extracts – Inconsistent accounts of the hearsay – Neither party proved their proprietary rights to the land CIVIL PROCEDURE: Impugned judgment – Impeachment – Jurisdiction – High Court – Whether one High Court has jurisdiction to set aside a final order of another High Court – Locus standi to set aside the impugned judgment – Proof of fraud - Derry v Peek misrepresentations
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-22ncvc-247-06-2023)