SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1967 MarsdenLR 67

FEDERAL COURT PENANG
LIM KER – Appellant
Versus
CHEW SEOK TEE – Respondent


Petitioner Advocates:Lim Kean Siew ,Respondent Advocate: CO Lim,Oo Gin Sun

JUDGMENT

Barakbah LP:

[1] The plaintiff obtained judgment against the defendant in Sungei Patani Sessions Court Civil Action No 22 of 1963 and in execution of the decree attached house No 7-B, Kampong Bharu, Lunas. Chew Seok Tee, a Chinese lady (hereinafter called the objector) objected to the attachment on the ground that she was the owner of the sgd house. She gave evidence before the Sessions Court that on 25 June 1962, she purchased the house from the defendant who gave her a document of sale (Exh P1). The learned president dismissed her objection. She then appealed to the High Court which allowed her appeal. The plaintiff now appeals to this Court.

[2] The appeal was heard in Penang and we dismissed it, intimating that we would give written judgment later and we now do so.

[3] The main ground of appeal is whether the building is a "Personal chattel" as defined under s 3 of the Bills of Sale Ordinance, 1950. The learned Judge held that it was not a "personal chattel" and therefore Exh. P1 was not a bill of sale and s 10 of the said Ordinance did not apply. With respect I agree with the learned Judge. Exh. P1 is a document acknowledging receipt of the purchase price of $2,500 and st

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top