Land Law
16 cases · August 2017 to November 2025
Case Volume by Year
1 17
2 18
1 20
12 25
2017–2025
Key Issues & Sub-Topics
Joint ownership — Undivided half-shares — Properties acquired for partnership purposes — Dissolution of partnership — Death of co-owner — Estate represented by executrix — Impasse between co-owners — Whether sale should be ordered in lieu of partition 1 Sale of land — Court-ordered sale — Public auction — Competing private valuations — Absence of jointly appointed valuer — Market value best determined by open auction — Appointment of independent valuer to fix reserve price 1 Charge — Order for sale — “Cause to the contrary” under s. 256(3) of National Land Code — Restrictive interpretation — Whether defects in statutory notice constitute cause to the contrary — Shariah compliance — Effect of non-compliance on contract enforceability — Section 281 Islamic Financial Services Act 2013 — Whether Shariah breach constitutes “cause to the contrary” — Undue influence — Unconscionable bargain — Allegation of signing documents at home without independent advice — Whether sufficient evidence to establish equitable defence — Rules of Court 2012; O.7 & O.83 — National Land Code 1965; ss. 241, 254, 256(3), 257 & 340 — Islamic Financial Services Act 2013; ss. 28 & 281 — Contracts Act 1950; s.16 — Federal Constitution; item 7(j) of the Federal List in the Ninth Schedule. 1 Foreclosure — Tawarruq facilities — Default — Secured lending — Legal charge — Statutory notice — Form 16D — Service — Deeming provisions — Whether Plaintiff satisfied statutory conditions precedent — Pending application to set aside default judgment in separate suit — Whether Mareva injunction affects the Plaintiff bank as third-party secured creditor — Corporate separateness — Subsidiary assets — Injunction against parent company — Whether restrains sale of charged property owned by subsidiary — Cause to the contrary — Whether Defendant established cause to the contrary — National Land Code 1965, s.254 & s.256 — Rules of Court 2012, O.2 r.3, O.28 & O.83 r.1. 1 Indefeasibility of title — Order for sale — Effect of sale — Land acquisition Probate and administration — Breach of Section 60 of the Probate & Administration Act — Consent letters Civil procedure — Pleadings — Cause of action — Amendment to pleadings — Unpleaded issues Tort — Fraud — Breach of trust — Trustee Evidence — Documentary evidence — Admissibility Trial — issue not Pleaded — No Amendment to Pleading 1 Acquisition of land — Market value — Injurious affection — Severance — Multiple land references heard together — High Court sitting with government assessor and private assessor under s 40 Land Acquisition Act 1960 (‘LAA’) — Five neighbouring lots compulsorily acquired for 275kV electricity transmission line — Whether market value under para 2(a) First Schedule disturbed — Whether applicant established inadequacy of land administrator’s uniform rate — Court held determination of market value a finding of fact — Comparative method safest guide — Applicant’s comparables found materially dissimilar. Land Law — Acquisition of land — Compensation — Injurious affection — Para 2(d) First Schedule LAA — Whether damage “sustained or likely to be sustained” compensable in reference proceedings — High-voltage transmission corridor (‘rentis’) physically encumbered remaining land — EMF fears and public perception alone insufficient — However permanent physical restrictions and diminution of utility established — Injurious affection question of fact — Court accepted unanimous assessors’ findings and awarded additional compensation for injurious affection across five lots — Severance allowed where land physically divided, but refused where residual land remained contiguous — Other claims (disturbance, restoration costs) rejected for want of evidence . 1 Lien holder’s caveat — Application for stay of order for sale proceedings pending disposal of related suits — Whether overlap of factual and legal issues justified stay — Distinction between stay of execution and stay of proceedings — Test to be applied — Rules of Court 2012, O.83 r.1. & O.92 r.4. 1 Co-proprietorship: Undivided land — Undivided shares — Tenancy-in-common — National Land Code (NLC): Section 342 — Section 343 — Possession and Enjoyment: Co-owner’s entitlement to possession and enjoyment of the whole land — Exclusive Possession: Claim for exclusive possession of a specific portion of undivided land — Whether undivided share confers right to exclusive possession — Communal Arrangement: Long-standing communal arrangement among co-owners — Mutual understanding regarding physical apportionment and demarcation — Effect of communal agreement on co-proprietorship — Transfer of Interest: Whether subsequent owner/newcomer bound by existing communal agreement Trial & Evidence — Expert Evidence — Evidence from long-time residents Equity- Recognition of arrangements between co-owners in an undivided land — Unjustness of reneging on long-standing arrangements — Principles ‘substantially equitable’ Caveat Emptor — Application to purchaser of undivided share who failed to confirm physical plot location Civil Procedure — Locus Standi — Deceased Estate: Claim involving estate of a deceased co-owner — Personal Representative: Status of personal representative in the absence of a Letter of Administration (LA)- Beneficiary: Locus standi of a beneficiary to contest a claim — Right to take legal steps to protect/preserve estate property in the absence of LA — Technicality: Whether absence of LA is a mere technicality barring judgment in favor of the defendant/beneficiary 1 Indefeasibility of title — National Land Code, s.340 — Immediate proprietor acquiring title through defective probate — Suppression of material facts in pusaka proceedings — Mala fide conduct — Equity and constructive trust as overriding interests 1 Appeals and remedies — Alienation of plots of land to the Appellant with express conditions — Land administrator issued statutory Form 7A and 7B notices to remedy alleged breach of condition — Appeal to set aside statutory forms under section 418 National Land Code — Form 7A notices specified action required for remedying breach — Whether the issuance of the Form 7A Notices were pre-mature in light of the ongoing planning and conversion applications — Whether the Respondents acted irrationally and unreasonably in enforcing section 128 of Act 828 — Whether the Respondents exercised their statutory powers in bad faith or for an improper purpose. 1 Compulsory acquisition — Assessment of compensation — Market value determination — Whether JPPH’s comparative methodology erroneous in applying negative zoning adjustment — Whether failure to consider development potential and planning permission amounted to material error in valuation — Land Acquisition Act 1960 (LAA), ss 3(1), 12, 38, 40A, 40C, Third Schedule paras 2(2), 2(3) Evidence — Valuation reports — Whether JPPH’s report sufficient to rebut Applicant’s valuer’s evidence — Burden of proof on Applicant to establish prima facie higher valuation — Hoe Guan Investment v Collector of Land Revenue, Batu Pahat [1978] 2 MLJ 115 Practice & Procedure — Land reference proceedings — Role of assessors — Duty to disclose written opinions to parties for comments — Principle of transparency and fairness — Tegas Sejati Sdn Bhd v Pentadbir Tanah Hulu Langat [2024] 3 MLJ 329; LAA 1960, s 40C Land Law — Additional compensation — Severance and injurious affection — Method of quantifying diminution in value of balance land — Whether loss of access or alteration of land shape due to ECRL project justified further compensation — Datuk Dr Murugasu Sockalingam v Superintendent of Lands & Surveys, Sarawak [1983] 2 MLJ 336; Joseph Ting v Superintendent of Lands & Surveys, Kuching [2011] 1 LNS 1478. 1 Charge — Foreclosure — Cause to the contrary — Whether sufficient reason for refusal of order — Whether the plaintiff’s rejection of the defendant’s repayment proposals was unreasonable — Whether such unreasonable conduct constitutes a valid defence against the foreclosure action — Whether balance outstanding sums unsubstantiated — Whether notice of termination and 16D notice were received — Whether foreclosure action is premature — Whether certified statement of account conclusive — Whether ‘cause to the contrary’ established — National Land Code 1965, s. 241 & s. 256(3) — Rules of Court 2012, O.83. 1 Alienation of Land — Encroachment — Interference — Valuation Report 1 Property without title — purchaser/deceased bought a three-storey shop office from 1st Defendant — 1st Defendant appointed and named purchaser/deceased as the attorney of the property vide a registered power of attorney ('PA') — purchaser/deceased then appointed 1st Plaintiff as the substitute attorney of the property — when purchaser/deceased died, the 1st and 2nd Plaintiffs were appointed as administrators of the deceased's estate — title of the property was ready to be issued — but developer refused to give consent for direct transfer to 1st Plaintiff — transfer was postponed due to financial constraint — 1st Plaintiff still paid the quit rents and fees due to the property — no objection from 1st Defendant but 1st Defendant who was no longer the owner charged the property to the bank without 1st Plaintiff's consent — the bank then sought for an order for sale of the property as the 1st Defendant defaulted payment of financing facilities — whether a statement contained in a sale and purchase agreement or a PA stating that a certain purchase price has been paid can be accepted as final and conclusive proof when no positive evidence in support is adduced — whether a donor of a PA executed in relation to a landed property is subsequently prevented from dealing with the said property including to create a legal charge under provisions of the National Land Code ('NLC') — whether the interest of the bank is defeasible under s.340 of NLC — Equity and Trust — whether the concept of bare trustee/beneficial ownership can arise where the condition precedents of an agreement have yet to be fulfilled and the underlying transaction has yet completed Tort Law — Does the bank owe a duty of care to the beneficial owner of the land or an unknown/unnamed party? 1 National Land Code S 214A (1)(2)(4) — sale and purchase of estate land — conditional contract for sale and purchase of estate land — sale must be approved by Estate Land Board — no prior approval obtained from the Board — whether condition precedent imposed contravenes section 214A(1) NLC — legislative intent — reading the section as a whole 1 Charge — Validity — Chargor obtained title to land by fraud — Allegation of — Whether bank's registered charge over land defeasible — Whether bank obtained deferred indefeasibility of title — Bank denied knowledge of fraudulent or improper acquisition of land — Whether bank subsequent owner of interest in good faith for valuable consideration — Whether bank availed protection under s. 340(3) of National Land Code — Common solicitor — Whether knowledge of solicitor imputed to bank — Whether defeated defeasibility of title 1 Indefeasibility of title and interests— Deferred indefeasibility — Whether there is entitlement to protection under principle of deferred indefeasibility when registration of property was obtained by forgery — Chargee — Whether a chargee comes within the meaning of 'purchaser' under s 340(3) National Land Code — Whether a charge is valid and indefeasible as a subsequent purchaser within s 340(3) National Land Code 1
Sale of land — Court-ordered sale — Public auction — Competing private valuations — Absence of jointly appointed valuer — Market value best determined by open auction — Appointment of independent valuer to fix reserve price 1 case
Charge — Order for sale — “Cause to the contrary” under s. 256(3) of National Land Code — Restrictive interpretation — Whether defects in statutory notice constitute cause to the contrary — Shariah compliance — Effect of non-compliance on contract enforceability — Section 281 Islamic Financial Services Act 2013 — Whether Shariah breach constitutes “cause to the contrary” — Undue influence — Unconscionable bargain — Allegation of signing documents at home without independent advice — Whether sufficient evidence to establish equitable defence — Rules of Court 2012; O.7 & O.83 — National Land Code 1965; ss. 241, 254, 256(3), 257 & 340 — Islamic Financial Services Act 2013; ss. 28 & 281 — Contracts Act 1950; s.16 — Federal Constitution; item 7(j) of the Federal List in the Ninth Schedule. 1 case
Foreclosure — Tawarruq facilities — Default — Secured lending — Legal charge — Statutory notice — Form 16D — Service — Deeming provisions — Whether Plaintiff satisfied statutory conditions precedent — Pending application to set aside default judgment in separate suit — Whether Mareva injunction affects the Plaintiff bank as third-party secured creditor — Corporate separateness — Subsidiary assets — Injunction against parent company — Whether restrains sale of charged property owned by subsidiary — Cause to the contrary — Whether Defendant established cause to the contrary — National Land Code 1965, s.254 & s.256 — Rules of Court 2012, O.2 r.3, O.28 & O.83 r.1. 1 case
Indefeasibility of title — Order for sale — Effect of sale — Land acquisition Probate and administration — Breach of Section 60 of the Probate & Administration Act — Consent letters Civil procedure — Pleadings — Cause of action — Amendment to pleadings — Unpleaded issues Tort — Fraud — Breach of trust — Trustee Evidence — Documentary evidence — Admissibility Trial — issue not Pleaded — No Amendment to Pleading 1 case
Acquisition of land — Market value — Injurious affection — Severance — Multiple land references heard together — High Court sitting with government assessor and private assessor under s 40 Land Acquisition Act 1960 (‘LAA’) — Five neighbouring lots compulsorily acquired for 275kV electricity transmission line — Whether market value under para 2(a) First Schedule disturbed — Whether applicant established inadequacy of land administrator’s uniform rate — Court held determination of market value a finding of fact — Comparative method safest guide — Applicant’s comparables found materially dissimilar. Land Law — Acquisition of land — Compensation — Injurious affection — Para 2(d) First Schedule LAA — Whether damage “sustained or likely to be sustained” compensable in reference proceedings — High-voltage transmission corridor (‘rentis’) physically encumbered remaining land — EMF fears and public perception alone insufficient — However permanent physical restrictions and diminution of utility established — Injurious affection question of fact — Court accepted unanimous assessors’ findings and awarded additional compensation for injurious affection across five lots — Severance allowed where land physically divided, but refused where residual land remained contiguous — Other claims (disturbance, restoration costs) rejected for want of evidence . 1 case
Indefeasibility of title — National Land Code, s.340 — Immediate proprietor acquiring title through defective probate — Suppression of material facts in pusaka proceedings — Mala fide conduct — Equity and constructive trust as overriding interests 1 case
Appeals and remedies — Alienation of plots of land to the Appellant with express conditions — Land administrator issued statutory Form 7A and 7B notices to remedy alleged breach of condition — Appeal to set aside statutory forms under section 418 National Land Code — Form 7A notices specified action required for remedying breach — Whether the issuance of the Form 7A Notices were pre-mature in light of the ongoing planning and conversion applications — Whether the Respondents acted irrationally and unreasonably in enforcing section 128 of Act 828 — Whether the Respondents exercised their statutory powers in bad faith or for an improper purpose. 1 case
Compulsory acquisition — Assessment of compensation — Market value determination — Whether JPPH’s comparative methodology erroneous in applying negative zoning adjustment — Whether failure to consider development potential and planning permission amounted to material error in valuation — Land Acquisition Act 1960 (LAA), ss 3(1), 12, 38, 40A, 40C, Third Schedule paras 2(2), 2(3) Evidence — Valuation reports — Whether JPPH’s report sufficient to rebut Applicant’s valuer’s evidence — Burden of proof on Applicant to establish prima facie higher valuation — Hoe Guan Investment v Collector of Land Revenue, Batu Pahat [1978] 2 MLJ 115 Practice & Procedure — Land reference proceedings — Role of assessors — Duty to disclose written opinions to parties for comments — Principle of transparency and fairness — Tegas Sejati Sdn Bhd v Pentadbir Tanah Hulu Langat [2024] 3 MLJ 329; LAA 1960, s 40C Land Law — Additional compensation — Severance and injurious affection — Method of quantifying diminution in value of balance land — Whether loss of access or alteration of land shape due to ECRL project justified further compensation — Datuk Dr Murugasu Sockalingam v Superintendent of Lands & Surveys, Sarawak [1983] 2 MLJ 336; Joseph Ting v Superintendent of Lands & Surveys, Kuching [2011] 1 LNS 1478. 1 case
Charge — Foreclosure — Cause to the contrary — Whether sufficient reason for refusal of order — Whether the plaintiff’s rejection of the defendant’s repayment proposals was unreasonable — Whether such unreasonable conduct constitutes a valid defence against the foreclosure action — Whether balance outstanding sums unsubstantiated — Whether notice of termination and 16D notice were received — Whether foreclosure action is premature — Whether certified statement of account conclusive — Whether ‘cause to the contrary’ established — National Land Code 1965, s. 241 & s. 256(3) — Rules of Court 2012, O.83. 1 case
Alienation of Land — Encroachment — Interference — Valuation Report 1 case
Property without title — purchaser/deceased bought a three-storey shop office from 1st Defendant — 1st Defendant appointed and named purchaser/deceased as the attorney of the property vide a registered power of attorney ('PA') — purchaser/deceased then appointed 1st Plaintiff as the substitute attorney of the property — when purchaser/deceased died, the 1st and 2nd Plaintiffs were appointed as administrators of the deceased's estate — title of the property was ready to be issued — but developer refused to give consent for direct transfer to 1st Plaintiff — transfer was postponed due to financial constraint — 1st Plaintiff still paid the quit rents and fees due to the property — no objection from 1st Defendant but 1st Defendant who was no longer the owner charged the property to the bank without 1st Plaintiff's consent — the bank then sought for an order for sale of the property as the 1st Defendant defaulted payment of financing facilities — whether a statement contained in a sale and purchase agreement or a PA stating that a certain purchase price has been paid can be accepted as final and conclusive proof when no positive evidence in support is adduced — whether a donor of a PA executed in relation to a landed property is subsequently prevented from dealing with the said property including to create a legal charge under provisions of the National Land Code ('NLC') — whether the interest of the bank is defeasible under s.340 of NLC — Equity and Trust — whether the concept of bare trustee/beneficial ownership can arise where the condition precedents of an agreement have yet to be fulfilled and the underlying transaction has yet completed Tort Law — Does the bank owe a duty of care to the beneficial owner of the land or an unknown/unnamed party? 1 case
National Land Code S 214A (1)(2)(4) — sale and purchase of estate land — conditional contract for sale and purchase of estate land — sale must be approved by Estate Land Board — no prior approval obtained from the Board — whether condition precedent imposed contravenes section 214A(1) NLC — legislative intent — reading the section as a whole 1 case
Charge — Validity — Chargor obtained title to land by fraud — Allegation of — Whether bank's registered charge over land defeasible — Whether bank obtained deferred indefeasibility of title — Bank denied knowledge of fraudulent or improper acquisition of land — Whether bank subsequent owner of interest in good faith for valuable consideration — Whether bank availed protection under s. 340(3) of National Land Code — Common solicitor — Whether knowledge of solicitor imputed to bank — Whether defeated defeasibility of title 1 case
Indefeasibility of title and interests— Deferred indefeasibility — Whether there is entitlement to protection under principle of deferred indefeasibility when registration of property was obtained by forgery — Chargee — Whether a chargee comes within the meaning of 'purchaser' under s 340(3) National Land Code — Whether a charge is valid and indefeasible as a subsequent purchaser within s 340(3) National Land Code 1 case
Key Statutes
National Land Code 2020 (Cap 828)
cited in 1 case Land Acquisition Act 1960 (Cap 486)
cited in 1 case Interpretation Act 1948
cited in 1 case National Land Code (Cap 828)
cited in 1 case Federal Constitution
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Cases
wa-24ncvc-2468-07-2024
WONG MUN HOE v MAR SZE LING
27 November 2025
MYHC
wa-24mfc-657-07-2025
CIMB ISLAMIC BANK BERHAD v 1. ) ZAINUL AZIZAN BIN ZAINUL AZIZ 2. ) NOOR HANIS BINTI ZAINUL AZIZAN
5 November 2025
MYHC
wa-24mfc-189-02-2025
MBSB BANK BERHAD v WARDAH PROPERTIES SDN BHD
8 October 2025
MYHC
ka-22ncvc-5-02-2023
1. ) RATHA KRISHNAN 2. ) RAVENDRAM A/L DAVID JOSEPH 3. ) VASUGI A/P DAVID JOSEPH 4. ) RAGAVAN A/L DAVID JOSEPH 5. ) VASANTHARA DEVI A/P DAVID JOSEPH 6. ) GHETHALETCHIMI A/P DAVID JOSEPH v TAN LAY ENG
29 September 2025
MYHC
aa-15-10-01-2024
SIME DARBY PLANTATION BERHAD v Pentadbir Tanah Daerah Hilir Perak
17 September 2025
MYHC
wa-24mfc-32-01-2023
BANK KERJASAMA RAKYAT (M) BERHAD v TOP TRIDENT TRADERS SDN. BHD. PENCELAH TENGKU NGAH PUTRA BIN TENGKU AHMAD TAJUDDIN
16 September 2025
MYHC
ka-22ncvc-2-01-2020
MAT SAAD BIN AHMAD v 1. ) MOHAMAD SUKRI BIN ABDULLAH 2. ) Mohamad Sukri Bin Abdullah Wakil Diri Bagi Harta Pusaka Dahman Bin Haji Mat Akib,simati
29 July 2025
MYHC
ka-22ncvc-8-02-2022
Hallifni Binti Ali v ZARINA BINTI AZIZ
22 July 2025
MYHC
ja-24ncvc-1150-09-2024
ISKANDAR WATERFRONT SDN BHD v 1. ) PENTADBIR TANAH DAERAH JOHOR BAHRU 2. ) Kerajaan Negeri Johor
25 June 2025
MYHC
ca-15-4-06-2023
NAKHODA CEKAP SDN BHD v Pentadbir Tanah Daerah Kuantan
18 May 2025
MYHC
wa-24mfc-882-09-2024
MAYBANK ISLAMIC BERHAD v HOO SOOT KHING
19 March 2025
MYHC
ka-24ncvc-682-09-2018
MOHD MUSYRIFF BIN AHMAD TAJUDDIN v 1. ) NADIRAH BINTI AHMAD 2. ) AZUDEN BIN AZIZ 3. ) ABDUL RAHAMAN BIN WAN LAH
16 March 2025
MYHC
02f-22-03-2019b
HE CON SDN BHD v 1. BULYAH BINTI ISHAK 2. NORAINI BINTI ABDULLAH
24 June 2020
MYFC
civil-appeal-no-02f-45-05-2017b-didengar-bersama-civil-appeal-no-02f-46-05-2017b-civil-appeal-no-02f-59-06-2017b-civil-appeal-no-02f-60-06-2017b-civil-appeal-no-02f-65-06-2017b-civil-appeal-no-02f-61-06-2017b
GULA PERAK BERHAD; GULA PERAK BERHAD; AMBANK(M) BERHAD; AMBANK(M) BERHAD; FAITHMONT ESTATE SDN BHD; FAITHMONTH ESTATE SDN BHD; FAITHMONT ESTATE SDN BHD; v DATUK LIM SUE BENG; YAKIM TENGGARA SDN BHD; YAKIT TENGGARAN SDN BHD & 4 LAGI; DATUK LIM SUE BENG & 4 LAGI; YAKIN TENGGARA SDN BHD; DATUK LIM SUE BENG;YAKIN TENGGARA SDN BHD;
9 October 2018
MYFC
02f-76-07-2017-j
T. Sivam a/l Tharamalingam (Sebagai Wakil/Pentadbir kepada harta pusaka mendiang Nagamuthu a/l Periasamy) v Public Bank Berhad
16 May 2018
MYFC
01f-20-06-2016b
CIMB BANK BERHAD (NO. SYARIKAT: 13491-P) … PERAYU v 1. AMBANK (M) BERHAD (NO. SYARIKAT: 8515-D) 2. PENTADBIR TANAH DAERAH KLANG 3. PENGARAH TANAH DAN GALIAN SELANGOR … RESPONDENRESPONDEN
15 August 2017
MYFC