HEVEAPLAST MARKETING SDN BHD vs SEE LEONG CHYE @ SZE LEONG CHYE & ORS AND OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 167

COURT OF APPEAL PUTRAJAYA
HEVEAPLAST MARKETING SDN BHD – Appellant
Versus
SEE LEONG CHYE @ SZE LEONG CHYE & ORS AND OTHER APPEALS – Respondent

Table of Content
1. introduction to the cases on land ownership and the involved parties. (Para 1 , 2 , 3)
2. findings on fraud in land transfer and the declarations sought by original owners. (Para 12 , 13 , 24 , 25)
3. outcome and final decisions on appeals regarding ownership disputes. (Para 36 , 48 , 59)

David Wong Dak Wah JCA:

Introduction

[1] Before us are four appeals which we, with the agreements of respective counsel, heard simultaneously. These four appeals emanated from two suits:

(a) Suit 22-233-2010 (Suit 233); and

(b) Suit 22-216-2010 (Suit 216)

Which were heard together by the learned High Court Judge who delivered one judgment.

[2] The factual matrix are these. The subject matter of this dispute relates to a piece of land held under EMR 2884, Lot 549, Mukim 02, Daerah Petaling (the Land). The original owners of the Land are See Leong Chye and See Ewe Lin (collectively referred to as See Brothers) who held the same in equal shares. They also had in their possession the original Manual Issue Document of Title (IDT).

[3] By an agreement dated 26 December 2008, Heveaplast Marketing Sdn Bhd (Heveaplast) purchased the Land from the See Brothers. To finance the purchase, Heveaplast o

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2016 MarsdenLR 167

COURT OF APPEAL PUTRAJAYAHEVEAPLAST MARKETING SDN BHD – AppellantVersusSEE LEONG CHYE @ SZE LEONG CHYE & ORS AND OTHER APPEALS – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
HEVEAPLAST MARKETING SDN BHD – Appellant
Versus
SEE LEONG CHYE @ SZE LEONG CHYE & ORS AND OTHER APPEALS – Respondent