PAKIAM A/P KULAN v SARADHA A/P KANNAN

ba-22ncvc-441-10-2023 High Court (Mahkamah Tinggi) 2 January 2025 • BA-22NCvC-441-10/2023

Catchwords

Trespass - Claim for vacant possession and general damages – Beneficial ownership to an undivided sub-lot land held under master title - Defence of bona fide purchaser for value - No register title - Cannot rely on the concept of deferred indefeasibility - Nemo dat quod non habet - Validity of original 1984 sale and purchase agreements - Validity of subsequent sale - Plaintiff remains as the owner because she never sold the land and still has in her possession her original 1984 sale and purchase agreement – Onus of proof shifted to Defendant to prove her ownership - Payment of utility and quit rent or assessments is not proof of ownership - Failure to call witnesses to testify - Section 114(g) of the Evidence Act 1950

Practice Areas

Trespass

Judges (1)

Elaine Yap Chin Gaik Delivered

Parties (2)

Pakiam a/p Kulan Plaintiff Saradha a/p Kannan Defendant

Case Significance

PAKIAM A/P KULAN v SARADHA A/P KANNAN is a High Court (Mahkamah Tinggi) decision dated January 2, 2025 (citation: ba-22ncvc-441-10-2023). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of PAKIAM A/P KULAN v SARADHA A/P KANNAN?

PAKIAM A/P KULAN v SARADHA A/P KANNAN is a High Court decision dated January 2, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.