UNITED OVERSEAS BANK (MALAYSIA) BHD. v SATHIYATHAI A/P GOVINDASAMY

wa-24fc-891-12-2022 High Court (Mahkamah Tinggi) 24 June 2025 • WA-24FC-891-12/2022

Catchwords

Application to set aside order for sale order. Foreclosure proceedings. Cause to the contrary. The defendant applied to set aside an order for sale granted under sections 256 and 257 of the National Land Code 1965, alleging procedural irregularities, defective service of notices and prejudice from the plaintiff’s handling of an insurance claim. The court held that the originating summons was validly constituted, statutory notices were properly served and the insurance claim dispute amounted only to a contractual issue outside the narrow scope of section 256(3) of the National Land Code 1965. The application was dismissed with costs.

Practice Areas

Land Law Civil Procedure

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

UNITED OVERSEAS BANK BHD Applicant Sathiyathai a/p Govindasamy Respondent

Judgment

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Source: eJudgment (wa-24fc-891-12-2022)