Parking bays allocated to residents are common property under the Strata Titles Act, preventing individual ownership claims when transactions are illegitimate.

Introduction

[1] This Court made these Orders at the conclusion of the trial in favour of the plaintiff. Aggrieved by the decision, the 3rd and 5th defendants have lodged an appeal to the Court of Appeal.

(1) A declaration that all parking bays held under the following land titles, as accessory parcels, are beneficially owned by the plaintiff and form part of the common property of Taman Bukit Bendera:

(i) Geran 73849/M 1/1/35, Daerah Timur Laut, Bandar Air Itam, s 1 Lot 1438, Negeri Pulau Pinang; and

(ii) Geran 73849/M 1/1/70, Daerah Timur Laut, Bandar Air Itam, s 1 Lot 1438, Negeri Pulau Pinang;

(2) That the second defendant is directed to take all necessary steps to have the aforesaid parking pays de-accessorised from the said respective titles;

(3) That the second defendant is directed to take all necessary steps to have a separate land title issued in respect of the aforesaid parking bays, as common property, and registered in the plaintiff's name;

For prayers (2) and (3) above, the Order is made pursuant to s 417(1) of the National Land Code which reads:

"(1) The Court or a Judge may by order direct the Registrar or any Land Administrator to do all such things as may be necessary to give effect to any judgment or order given or made in any proceedings relating to land, and it shall be the duty of the Registrar or Land Administrator to comply with the order forthwith."

The decision of the Federal Court in Malaysia Building Society Bhd v. KCSB Konsortium Sdn Bhd , [2017] 2 MLJ 557 is referred where it was held that:

"[33] In Takako Sakao this Court unequivocally stated:

To prevent any further fraud and for the purpose of preserving the subject property in specie, on 27 October 2009 we directed the Registrar of Titles to enter his caveat pursuant to s 320 read with s 321 of the National Land Code. We did so in the exercise of the powers conferred by s 417 of the National Land Code. It is settled that this Court has ample jurisdiction to make consequential orders to give effect to its judgment.

(4) The order given on 6 May 2016 in Civil Suit No:21NCVC-23-10/2014 is declared null and void and set aside;

(5) The third to fifth defendants do, jointly and severally, indemnify the plaintiff for all cost to be incurred in having the aforesaid parking bays de-accessorised from the existing land titles and thereafter in having a new land title issued for the same, pursuant to orders (2) and (3) above;

(6) In addition to prayer (5) above, that the third to fifth defendants are ordered to pay damages to the plaintiff, and further directions be given for the assessment thereof; and

(7) The plaintiff is given the liberty to apply in order to give effect to the reliefs granted;

(8) The 5th defendant shall forthwith deliver to the plaintiff, vacant possession of the parking bays which have been accessorised to strata title Geran 73849/M 1/1/70, Daerah Timur Laut, Bandar Air Itam, s 1 Lot 1438, Negeri Pulau Pinang;

(9) The 3rd defendant shall forthwith deliver to the plaintiff, vacant possession of the parking bays which have been accessorised to strata title Geran 73849/M 1/1/70, Daerah Timur Laut, Bandar Air Itam, s 1 Lot 1438, Negeri Pulau Pinang;

(10) The Consent Order made on 12.4,2017 in Civil Suit No: PA- 22NCVC-133-07/2016 be declared null and void and set aside;

(11) Costs of RM 80,000.00 awarded to the plaintiff against the third to fifth defendants to be paid