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2020 MarsdenLR 950

HIGH COURT MALAYA KUALA LUMPUR
TAUFIQ THIAGI ABDULLAH – Appellant
Versus
ONG LIAN CHIANG & ORS – Respondent


Petitioner Advocates:MS Murthi,Yugan Pathmanathan ,Respondent Advocate: Ramesh Lachmanan

JUDGMENT

Quay Chew Soon JC:

Introduction

[1] The Plaintiff ("P") was the owner of a piece of land held under Geran No 23043, Lot No 11080, Mukim Batu, Daerah Gombak ("Land"). (i) The Land was transferred from P to the 1st Defendant ("D1") on 12 November 2015. (ii) Next, the Land was transferred from D1 to the 2nd Defendant ("D2") on 11 March 2016. (iii) Finally, the Land was transferred from D2 to the 3rd Defendant ("D3") on 10 May 2016. D3 is currently the registered owner of the Land. D1, D2, D3 and D4 are collectively referred to as the "Defendants".

Plaintiff's Claim

[2] P avers that:

(a) D1 fraudulently transferred the Land from P to himself ("1st Transfer").

(b) D1 then fraudulently transferred the Land to D2 ("2nd Transfer").

(c) Next, D2 fraudulently transferred the Land to D3 ("3rd Transfer").

(1st Transfer, 2nd Transfer and 3rd Transfer are collectively referred to as the "Transfers").

(d) D4 was negligent in registering the Transfers.

[3] P seeks a declaration that all the Transfers be declared null and void. P claims damages against D1, D2 and D3 for fraud, forgery, misrepresentation and deceit. P seeks an order that D4 be held liable for negligence, and thereby causing loss to P


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