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2020 MarsdenLR 123
HIGH COURT MALAYA KUALA LUMPUR
TAUFIQ THIAGI ABDULLAH – Appellant
Versus
ONG LIAN CHIANG & ORS – Respondent
[Suit No: WA-23NCVC-21-08-2017]
The court ruled the plaintiff lacked locus standi to challenge transfers as the land was previously acquired by the State, despite allegations of fraud in the transfers.
Headnote:(A) National Land Code 1965 – Section 340(3) and 433 – Land Acquisition Act 1960 – Plaintiff's locus standi – The court found the plaintiff lacked the requisite standing as the land had been acquired by the State Government, thus negating any claims to ownership. The first transfer was declared fraudulent due to lack of proper execution. The second and third transfers were also deemed invalid due to the involvement of a fraudster in the initial transaction. (Paras 5-80)
(B)
Fraud and Good Faith in Land Transfers – The court examined the bona fide status of subsequent purchasers under the Torrens System and reaffirmed that immediate purchasers without notice of fraud are not protected against indefeasibility. (Paras 21-32, 31-35)
(C)
Negligence of Land Office – The court assessed the negligence of the land administrator in safe-keeping title documents but concluded it did not cause the plaintiff’s alleged damages as all transfers were completed prior to the loss of documents. (Paras 54-66)
(D)
Final Decision – The plaintiff's claims against all defendants were dismissed, with an order for costs amounting to RM140,000. (Paras 86)
JUDGMENT
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 equivalent to the value of the Land as at the date of the 3rd Transfer.
[4] The trial was part-heard by another judge and then continued before me. I dismissed P's claim against the Defendants. These are the grounds of my judgment.
Plaintiff Has No Locus Standi
[5] I find that P does not have the requisite locus standi to commence the instant suit. P asserts that he was at all material time the registered owner of the Land. (See para 1 of the Amended Statement of Claim ("SOC")). The evidence however shows that the entire Land was acquired by the State Government in 1981.
(a) On 10 September 1981, the State Government issued a declaration of intended acquisition ("Declaration") under the Land Acquisition Act 1960 in respect of the Land. P was listed as the registered proprietor of the Land. The area of the Land was (mistakenly as it turns out) stated as 0.953 acres.
(b) A notice of enquiry was served on P. This notice was to notify P that an enquiry will be held to hear all claims to compensation. After the enquiry hearing, the relevant notice that possession of the Land has been taken was issued on 5 November 1981.
(b) On 4 February 1982, the State Government published a gazette which amended the Declaration to reflect that the entire Land, ie, 8.9538 acres, was acquired ("Corrigendum").
(d) On 22 May 1982, the Land Administrator decided to award P a compensation sum of RM492,459. By this point in time, the Declaration was already amended to reflect that the entire Land was acquired. The Notice of Award and Offer for Compensation was served on P on 22 May 1982.
[6] The testimonies of the relevant witnesses clearly establish that the Land was acquired by the State Government. Idzham bin Md Daud ("Idzham") (Penolong Pegawai Tadbir, Sahagian Pengurusan Tanah, Unit Pelupusan Tanah, Pejabat Daerah dan Tanah Gombak) testified that the entire Land was acquired by reason of the Corrigendum. He also confirmed that although the records do not specifically state that P received the compensation, in the ordinary course the registered owner of the Land (in this case, P) would receive the compensation.
"A:... Yang ini adalah warta kerajaan negeri Selangor, No 121. Ini adalah pembetulan warta yang dibuat terhadap dua lotlah. Tapi kita fokus kepada Lot 11080 iaitu pindaannya mengenai nombor hak milik yang ada pada warta yang kali pertama iaitu daripada geran 23073 kepada geran 23043. Tuan punya berdaftar masih sama, Thiagi A/L Selvanaiagam. Dan pembetulan yang seterusnya adalah berkenaan dengan keluasan lot tanah tersebut iaitu daripada 0.953 dibetulkan kepada 8.9538 ekar. Kemudian, luas yang hendak diambil ialah berjumlah 8.9538 ekar. Maksudnya pengambilan keseluruhan tanah.
Q: En Idzham, soalan akhir. Jadi berdasarkan dokumen ini dan dokumen yang sebelum ini, berapakah juml
