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2021 MarsdenLR 2742
HIGH COURT MALAYA IPOH
KOPERASI PEKERJA JAYA BHD – Appellant
Versus
PIONEER HOLDINGS SDN BHD – Respondent
[Originating Summons No: AA-24NCVC-441-12-2020]
Court emphasizes timely and substantiated claims for caveats; absence of proof leads to removal, prioritizing landowner rights and project development.
Headnote:(A) National Land Code 1965 (Revised-2020) – Sections 327 and 329 – Private caveats – Plaintiff applied for removal of private caveats over 44 lots of land registered in its name due to wrongful entry by Defendant – Court ruled in favor of Plaintiff, emphasizing that without substantial proof from Defendant, claims were unrequited – Order issued for immediate removal of caveats and damages to be assessed. (Paras 1, 2, 9, 32)
(B) Judicial notice – The Court highlighted the essentiality of timely endeavors to resolve caveatable claims to uphold the integrity of land ownership under the Torrens system. (Paras 31, 35)
Facts of the case: Plaintiff contested the Defendant's private caveats filed over 44 lots since July 2019, compromising a housing project and associated financing for development. (Paras 5-12)
Findings of Court: Court ruled the Plaintiff's application was valid; failure of the Defendant to provide evidence led to caveat removal. (Paras 39)
Issues: Main issues revolved around the unjustified presence of the Defendant's caveats and the resultant financial repercussions for Plaintiff and third-party purchasers. (Paras 8, 30)
Ratio Decidendi: The Plaintiff successfully demonstrated the absence of caveatable interest by the Defendant, coupled with the necessity to resolve such private caveats expeditiously. (Paras 16, 32)
Result: Application to remove private caveats granted; Defendant to pay Plaintiff damages arising from wrongful caveat entry.
JUDGMENT
Introduction
[1] Aggrieved by the existence of private caveats entered by the Defendant over 44 lots of its land since July 2019, the Plaintiff applied by way of Originating Summons (Enclosure 1) dated 11 December 2020 pursuant to s 327 of the National Land Code 1965 (Revised-2020) (" NLC ") under cover of a Certificate of Urgency (Enclosure 10) for an order that these private caveats are to be removed with immediate effect.
[2] Having perused the Affidavit (Enclosure 2) filed in support of the application, having satisfied itself from the Affidavits of Service (Enclosures 4 and 5) that the application had been duly served, having read the Skeletal Submissions (Enclosure 8) filed by Counsel for the Plaintiff and on 5 January 2021 after hearing Counsel for the both the Plaintiff and the Defendant, the Court granted an Order that the private caveats over the Plaintiff's 44 lots of land be removed with immediate effect pursuant to s 327 NLC , that the Registrar/Land Administrator do what is necessary to give effect to the Order, that the Registrar do not entertain any application for the entry of any caveat by the Defendant on the Plaintiff's lands premised on the same ground and that the Defendant do pay the Plaintiff damages resulting from the wrongful entry of the said caveats pursuant to s 329 (1) with the damages to be assessed by the Court and that Defendant do pay the Plaintiff costs of the action which is to be assessed together with the assessment of damages.
[3] Dissatisfied by the aforesaid decision made on 5 January 2021, the Defendant filed an appeal (Enclosure 23) dated 3 February 2021 and in its Notice of Appeal (Enclosure 23) states that it was dissatisfied because the Order was made despite Counsel for the Defendant having attended [Court] but was not given the opportunity/right to reply to the Plaintiff's Affidavit.
[4] These are the grounds of judgment for the decision made on 5 January 2021.
Background
Landownership And Private Caveats
[5] The Plaintiff is registered as the proprietor of the following 44 lots of lands (hereinafter referred to as the "44 Lots") all in the Mukim of Sungai Siput, Daerah Kuala Kangsar, Negeri Perak in 2008 (Enclosure 2 paragraph 3):
5.1. PN 308453 No Lot 23474
5.2. PN 308455 No Lot 23475
5.3. PN 308456 No Lot 23476
5.4. PN 308457 No Lot 23477
5.5. PN 308458 No Lot 23478
5.6. PN 308459 No Lot 23479
5.7. PN 308461 No Lot 23480
5.8. PN 308462 No Lot 23481
5.9. PN 308504 No Lot 23512
5.10. PN 308505 No Lot 23513
5.11. PN 309192 No Lot 23514
5.12. PN 309195 No Lot 23515
5.13. PN 309196 No Lot 23516
5.14. PN 309197 No Lot 23517
5.15. PN 309198 No Lot 23518
5.16. PN 309199 No Lot 23519
5.17. PN 309200 No Lot 23520
5.18. PN 309201 No Lot 23521
5.19. PN 309202 No Lot 23522
5.20. PN 309203 No Lot 23523
5.21. PN 308482 No Lot 23500
5.22. PN 308483 No Lot 23501
5.23. PN 308488 No Lot 23502
5.24. PN 308490 No Lot 23503
5.25. PN 308491 No Lot 23504
5.26. PN 308497 No Lot 23505
5.27. PN 308498 No Lot 23506
5.28. PN 308499 No Lot 23507
5.29. PN 308500 No Lot 23508
5.30. PN 308501 No Lot 23509
5.31. PN 308502 No Lot 23510
5.32. PN 308503 No Lot 23511
5.33. PN 308463 No Lot 23482
5.34. PN 308464 No Lot 23483
5.35. PN 308465 No Lot 23484
5.36. PN 308466 No Lot 23485
5.37. PN 308467 No Lot 23486
5.38. PN 308469 No Lot 23487
5.39. PN 308470 No Lot 23488
5.40. PN 308471 No Lot 23489
5.41. PN 308472 No Lot 23490
5.42. PN 308473 No Lot 23491
5.43. PN 308474 No Lot 23492
5.44. PN 308475 No Lot 23493
[6] A copy each of the issue document of title for the 44 Lots are all exhibited to the Affidavit in Support (Enclosure 2 paragraph 3 and Exhibit GK-1 pages 1 to 132)
[7] On 5 July 2019, the Defendant caused to be entered 5 private caveats on the 44 Lots as follows:
7 January Private caveat registered as Presentation No 10030/2019 on the following pieces of land (Enclosure 2 paragraph 5 (i)) held under the following [8] issue documents of title:
(a) PN 308453 No Lot 23474
(b) PN 308455 No Lot 23475
(c) PN 308456 No Lot 23476
(d) PN 308457 No L
