NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY

jb-22ncvc-2-01-2022 High Court (Mahkamah Tinggi) 12 May 2025 • JB-22NCvC-2-01/2022

Catchwords

Full trial – Family dispute over properties – Parties involved in the family business - Plaintiff is the father – The 1st Defendant is the eldest son – The 2nd Defendant is the wife – The Plaintiff handed over the management of the family business and properties to the 1st Defendant in exchange for retiring from the family business and receiving a monetary contribution of love and affection – The Plaintiff transferred his properties to the Defendants, with consideration stated as love and affection – Some years later, the Plaintiff stopped receiving the monetary contribution from the 1st Defendant, prompting him to demand the return of the properties transferred to the Defendants – After a long period of silence, the Plaintiff alleges that the properties were fraudulently transferred by the Defendants – The Plaintiff claims to be unaware and has no knowledge of the transfer documents executed by him - He pleads non est factum – Whether non est factum is pleaded – The Plaintiff alleges the Defendants abused the trust he had placed in them by deceiving him into signing the transfer documents as if they were company documents – The Plaintiff asserts he never executed any documents before a lawyer - Hence, the attestation clause in the memorandum of transfer is false – Whether this amounts to an insufficient instrument of transfer under s. 340(2)(b) NLC – Whether this issue is pleaded - Or whether the Plaintiff transferred the properties voluntarily to the Defendants – And in fact, there was consideration for the transfer – There is inconsistent evidence concerning the payment of the contribution to the Plaintiff - The parties and their witnesses were not truthful about the details of the contribution – Whether the Plaintiff’s remedy lies in claiming for the contribution from the Defendants.

Practice Areas

Full trial

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Parties (3)

Nam Ah Tee @ Nam Ting Kuang Plaintiff Nam Yaw Shuang Defendant Yap Ah Sey Defendant

Case Significance

NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY is a High Court (Mahkamah Tinggi) decision dated May 12, 2025 (citation: jb-22ncvc-2-01-2022). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.

What was the outcome of NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY?

NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY is a High Court decision dated May 12, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.