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2016 MarsdenLR 2144
HIGH COURT MALAYA SHAH ALAM
PERBADANAN PENGURUSAN APARTMENT SEA PARK & ORS – Appellant
Versus
SEA HOUSING CORPORATION SDN BHD & ORS – Respondent
[Civil Suit No: 21NCVC-32-08/2014]
The court established that disputed lands are not common property and upheld the indefeasibility of the 2nd Defendant's title.
Headnote:This case concerns claims regarding the transfer of disputed lands by the 1st Defendant to the 2nd Defendant, with the Plaintiffs arguing the transfer contravenes public policy and laws pertaining to common property. The court found that the disputed lands were not common property and the 2nd Defendant's title is indefeasible under section 340 of the National Land Code 1965. The court determined there was insufficient evidence to show the transfer was improper.
Result: The Plaintiffs' claims against the Defendants were dismissed with costs.
| Table of Content |
|---|
| 1. claims concerning legality of land transfers. (Para 1 , 2 , 3) |
| 2. illegal transfer and common property contention. (Para 11 , 13 , 15) |
| 3. interpretation and application of strata title provisions. (Para 26 , 27 , 28 , 29) |
| 4. documents stipulate property ownership and responsibilities. (Para 30 , 31 , 32) |
| 5. indefeasibility of title as established by law. (Para 40 , 41) |
| 6. court's findings on indefeasibility and legal title. (Para 42) |
[1] The Plaintiffs as per their Statement of Claim are claiming for the followings:-
[a] A declaration that the sale and/or transfer of the Carpark Lands and/or the said Unit from the 1st Defendant to the 2nd Defendant is void and/or against public policy;
[b] A declaration that the 2nd Defendants' titles of the Carpark Lands and/or the said Unit do not stand indefeasible pursuant to s 340 of the National Land Code and/or public policy;
[c] An order that the undivided shares of the 2nd Defendant over the Carpark Lands and/or the said Unit be cancelled from the register of land office, and the said undivided shares over the said lands and/or the said Unit be restored to the 1st Defendant;
[d] that within 14 days of this judgment, the 1st and/or 2nd Defendants, either jointly or severally, to immediately surrender and/or cause to surrender to the 3rd Defendant and/or other related departments the titles of the Carpark Lands for amalgamation with the titles to the Block A-F Lands;
[e] that within the subsequent three months or any other period deemed fit by this Honourable Court, the Defendants to cause and ensure the abovementioned titles to be amalgamated as one title, comprising of Block A-F Lands and the Carpark Lands, with the current express condition to be amended "for apartment only" ("the Fortified Title");
[f] that consequent to and/or in anticipation of para (e), an order that the Plaintiffs be certified as one "Perbadanan Pengurusan Apartment SEA Park" only and their respective certification of incorporation be deregistered;
[g] Within the same period as para (e), to order and/or cause the title registry to register on the Fortified Title:-
(i) That the Carpark Lands, the said Unit, the Imhoff tank area, TNB Feeder station area and/or any other area(s) as deemed necessary by this Honourable Court, as common properties to the residents of the SEA Park Apartment; and/or
(ii) The registered ownership of one "Perbadanan Pengurusan Apartment SEA Park".
[h] A permanent injunction that neither the 1st and 2nd Defendants be allowed to enter and/or access to, or interfere with or cause to interfere with any of the Carpark Lands and/or the said Unit and/or any of the resident of SEA Park Apartment, unless required and/or permitted under the law;
[i] An order that the 2nd Defendant be liable for all costs involved as the result of his abuse of process of Court / malicious prosecution via the Wrongful Proceeding, including all legal costs and disbursement suffered by residents of the SEA Park Apartment as the result thereof, and an injunction to compel the 2nd Defendant to immediate pay such costs within 14 days of this judgment;
[j] An injunction the 1st, 2nd and/or 3rd Defendant be immediately within 14 days of this judgment, to either jointly and severally produce to the Plaintiffs copies of all submission documents including building plans, development orders and/or other related documents from commencement of the project development, without prejudice to the 3rd Defendant's right pursuant to O 73 r 10(2) of the Rules of 2012;
[k] Alternative to paras (a) and (b), an order that a right of way or easement following the line of the existing Carpark bays be created in favour of the residents of the SEA Park Apartment as matter of necessity;
[l] Consequent to para (k) above, an injunction be granted to the Plaintiffs that the 3rd Defendant and/or its related departments to immediately within 7 days of judgment record or cause to register the right of way or the easement on the titles to the Carpark La
