Appeal against decision of High Court
3 cases · August 2025 to September 2025
Key Issues & Sub-Topics
Judicial review — Appellant appointed as Penasihat Teknikal and subsequently as President of Majlis Perbandaran Tawau (MPT)–Appointment reduced/terminated within three months–Letter issued by Ministry of Local Government and Housing referring to SPANS’ decision — Whether decision attributable to Minister or SPANS–Whether application misconceived–Whether appellant entitled to judicial review remedies-Whether reduction of fixed term amounted to dismissal–Termination of appointment –Section 8 of Tawau Municipal Council Instrument 1983 — Whether Minister had power to terminate — Whether respondents acted ultra vires — Whether SPANS as appointing authority lawfully exercised termination power — Constitution of the State of Sabah, Art. 37(1)-public service — Article 135(2) Federal Constitution — Right to be heard — Whether applicable to contractual termination under clause 9 of Agreement — Whether failure to afford hearing before termination unlawful 1 claim for damages premised on breach of fiduciary duties — fraudulent claims for personal gain — abuse of powers as directors — whether Defendants owed and breached their fiduciary duty to the Plaintiff — whether Defendants acted within scope of powers granted pursuant to Memorandum and Articles of Association — strict fiduciary principle of universal application — prohibits personal interest conflicts — seriousness of the breaches and misappropriation of the funds and assets of the Plaintiff 1 Originating Summons — seeking for declarations and consequential reliefs — ownership of property — absence of clear statements or concrete declaration of trust in transfer documents — Form 14A First Schedule of National Land Code — whether the transfer of a family home from mother to son in 1995 was an inter vivos gift or held on trust for the siblings — failure to prove three elements to constitute a trust in law — certainty of intention — certainty of object — certainty of subject matter — there was no express declaration or contemporaneous evidence of such intention — The Plaintiff’s prolonged inaction for over 25 years amounted to laches and acquiescence, thereby disentitling them from the relief sought 1
claim for damages premised on breach of fiduciary duties — fraudulent claims for personal gain — abuse of powers as directors — whether Defendants owed and breached their fiduciary duty to the Plaintiff — whether Defendants acted within scope of powers granted pursuant to Memorandum and Articles of Association — strict fiduciary principle of universal application — prohibits personal interest conflicts — seriousness of the breaches and misappropriation of the funds and assets of the Plaintiff 1 case
Originating Summons — seeking for declarations and consequential reliefs — ownership of property — absence of clear statements or concrete declaration of trust in transfer documents — Form 14A First Schedule of National Land Code — whether the transfer of a family home from mother to son in 1995 was an inter vivos gift or held on trust for the siblings — failure to prove three elements to constitute a trust in law — certainty of intention — certainty of object — certainty of subject matter — there was no express declaration or contemporaneous evidence of such intention — The Plaintiff’s prolonged inaction for over 25 years amounted to laches and acquiescence, thereby disentitling them from the relief sought 1 case
Key Statutes
Evidence Act 1950 (Cap 56)
cited in 1 case National Land Code (Cap 828)
cited in 1 case Wills Act 1959
cited in 1 case Federal Constitution
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Cases
s-01a-197-04-2022
Omar Bin Mammah v 1. ) Minister of Local Government and Housing of the State of Sabah 2. ) Ministry of Local Government and Housing of the State of Sabah
8 September 2025
MYCOA
b-02ncvcw-1841-09-2022
1. ) WONG POH WAH 2. ) TEO TZI SIN v SEA TACKLE SDN BHD
26 August 2025
MYCOA
a-02ncvca-571-04-2024
1. ) THAVAMANY A/P P. VENGADASALAM 2. ) ALUMU A/P VENGADASALEM 3. ) KAMALA A/P VENGADASALAM v JAYA A/P I.N. GOPAL
18 August 2025
MYCOA