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HIGH COURT MALAYA KUALA LUMPUR
AHMAD FAEZ YAHAYA – Appellant
Versus
NUR AZLEEN SOLIHA ABDUL WARIS & ANOR – Respondent
| Table of Content |
|---|
| 1. removal of caveats based on property claims (Para 1 , 3 , 4) |
| 2. interpretation of caveatable interest under nlc (Para 2 , 5) |
| 3. caveatable interest must relate to ownership (Para 6 , 7 , 8) |
| 4. monetary claims do not establish caveatable interest (Para 9 , 10 , 11) |
| 5. court orders removal of caveats and costs (Para 12 , 13) |
[1] The Plaintiff seeks an order for the removal of private caveats lodged by the 1st Defendant over four (4) properties. The 1st Defendant, in opposing this application, asserts that she has a caveatable interest in the properties based on her claim in an ongoing Syariah Court Harta Sepencarian proceeding. The 2nd Defendant does not object to the Plaintiffs application.
[2] The key issue before this Court is whether the 1st Defendant possesses a caveatable interest in the properties under s 323(1)(a) of the National Land Code 1965 (NLC).
Factual Background
[3] The Plaintiff and the 1st Defendant were married on 25 December 2004 and later divorced on 27 November 2018. During the marriage, the four properties were acquired and are now subject to the 1st Defendant's claim in the Syariah High Court under Harta Sepencarian.
[4] The Plai
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