Ayaz Ahmad Bin Mohamed Salleh v 1. ) Abd Rashid Bin Mohd Idris 2. ) KETUA PENGARAH TANAH DAN GALIAN NEGERI KEDAH DARUL AMAN

k-01ncvcw-272-06-2023 Court of Appeal (Mahkamah Rayuan) 20 October 2025 • K-01(NCvC)(W)-272-06/2023 • 17 min read
1 cases cited (0 SG, 1 foreign)

Catchwords

allegation of judgment obtained by fraud – Power of Attorney – Memorandum of Transfer – National Land Code 2020 (Act 828) – Malay Reservation Land – Trust – Whether or not transferee is a Malay – Statutory Declaration as evidence for being Malay - Signed before Commissioner for Oaths – allegation of forged documents – s 2 of Kedah Reservations Enactment No. 3 – Definition of Malay – Fresh action to impeach and set aside earlier judgment – positive fraud – actual pre-meditated positive fraud - s 44 of Evidence Act 1950 (Act 56) - Status of Commissioner for Oaths – Office of the Chief Registrar of Federal Court – Sijil Kewarganegaraan – National Registration Department

Practice Areas

allegation of judgment obtained by fraud

Judges (3)

Ahmad Kamal bin Md. Shahid Coram S. Nantha Balan a/l E.s. Moorthy Coram Utama Wan Ahmad Farid bin Wan Salleh Delivered

Counsel (9)

Gunaseelan & Associates Firm Yohendra Nadarajan Firm Daniel Choo Vern Kai Counsel Appellant Dato' V. Manokaran Counsel Appellant Keshvinjeet Singh Counsel Respondent Kumaradevan Rajadevan Counsel Respondent T. Gunaseelan Counsel Respondent Uma Gunaseelan Counsel Respondent Yohendra Nadarajan Counsel Appellant

Parties (3)

KETUA PENGARAH TANAH DAN GALIAN NEGERI KEDAH DARUL AMAN Respondent Abd Rashid bin Mohd Idris Respondent Ayaz Ahmad bin Mohamed Salleh Appellant

Case Significance

Ayaz Ahmad Bin Mohamed Salleh v 1. ) Abd Rashid Bin Mohd Idris 2. ) KETUA PEN... is a Court of Appeal (Mahkamah Rayuan) decision dated October 20, 2025 (citation: k-01ncvcw-272-06-2023). <p>This appeal arose from a 2017 suit that set aside a 2011 judgment concerning Malay Reservation lands in Kedah on the ground of fraud. The key issue was whether the appellant had committed actual positive fraud regarding his racial identity and whether a Commissioner for Oaths who attested a statutory declaration was validly appointed. The Court of Appeal allowed the appeal, finding no actual pre-meditated positive fraud by the appellant, reinstated the 2011 judgment, and awarded RM50,000 cost The panel comprised Ahmad Kamal bin Md. Shahid, S. Nantha Balan a/l E.s. Moorthy and Utama Wan Ahmad Farid bin Wan Salleh, with Utama Wan Ahmad Farid bin Wan Salleh delivering the judgment.

Summary

This appeal arose from a 2017 suit that set aside a 2011 judgment concerning Malay Reservation lands in Kedah on the ground of fraud. The key issue was whether the appellant had committed actual positive fraud regarding his racial identity and whether a Commissioner for Oaths who attested a statutory declaration was validly appointed. The Court of Appeal allowed the appeal, finding no actual pre-meditated positive fraud by the appellant, reinstated the 2011 judgment, and awarded RM50,000 costs.

What was the outcome of Ayaz Ahmad Bin Mohamed Salleh v 1. ) Abd Rashid Bin Mohd Idris 2. ) KETUA PEN...?

<p>This appeal arose from a 2017 suit that set aside a 2011 judgment concerning Malay Reservation lands in Kedah on the ground of fraud. The key issue...

Statutes Cited

Evidence Act 1950 (Cap 56)
s 44
Federal Constitution
Kedah Enactment
s 2
Kedah Malay Reservations Enactment
s 2
Kedah Malay Reservations Enactment
s 2

Cases Cited (1)

MY (1)
[2016] 3 CLJ 1