JUDGMENT

Indra Nehru Savandiah JC:

Introduction

[1] The plaintiff's claims against the 9th to 12th defendants include special, general, exemplary, and aggravated damages for breach of their statutory duties under the National Land Code and/or their negligence in issuing and allowing two existing Manual Title and/or DHKK Title for the same land at the same time. They are also alleged to have failed to maintain accurate entries in the Land Register, resulting in two HSM/DHKK titles being in the public domain.

[2] This court awarded the plaintiff's claim for special damages of RM1,188,631.00 and ordered the assessment of general damages, aggravated damages, and exemplary damages.

[3] This court ordered costs of RM30,000.00 and 5% interest per annum from the date of judgment until full settlement.

[4] The plaintiff has filed a Notice of Discontinuance regarding the 2nd and 3rd defendants.

[5] The case against the 4th and 6th defendants has been struck out with liberty to file afresh.

[6] It is noteworthy that the plaintiff chose not to sue the 13th defendant. The 13th defendant intervened to add himself as a defendant, and an order was granted in his favour.

[7] Regarding the counterclaims filed by the 13th defendant against the plaintiff, the solicitors representing the plaintiff and the plaintiff's daughter-in-law, the counterclaims were dismissed with costs of RM20,000.00

[8] The 13th defendant'scounterclaim against the Land Administrator and the Director of Land and Mines, Selangor, was allowed with costs of RM30,000.00.

[9] The 13th defendant'scounterclaim against the Director of Insolvency concerning the properties of Abd Malek bin Mohamad Nor and Dato' Abd Aziz bin Mohd Noor has been struck out without an order as to costs.

[10] The 13th defendant's counterclaim against Messrs Malek & Associates has also been struck out without an order as to costs.

[11] The current appeal has only been filed by the 9th to 12th defendants concerning the court decision in the main suit.

Brief Facts Of The Case

[12] The plaintiff claims to have purchased a parcel of land from Yeoh Ah Guan, the 1st defendant in the main suit, in 2016. The land is registered under title document PM4935.00, Mukim Klang, Daerah Klang, Negeri Selangor, and was previously registered under title HS(M) 2388 PT 30550, Tempat Revolusi Hijau Batu 5, Johan Setia, Mukim Klang, Negeri Selangor (here in after referred toas the "said Land").

[13] The plaintiff's pleadings do not include a claim for the said Land. In his defence to the counterclaim, the plaintiff explicitly states that the 13th defendant, the actual Yeoh Ah Guan, is entitled to have the said Land returned to him upon proving his ownership before the court.

[14] The actual Yeoh Ah Guan, who is the registered proprietor of the said Land and holds the original title under document of title HS(M) 23808 PT30550, Tempat: Revolusi Hijau Batu 5, Johan Setia, Mukim Klang, Daerah Klang, Negeri Selangor. In his counterclaim against the defendants, he has sought a declaratory order affirming that he is the registered and beneficial owner of the said Land.

[15] It is an undisputed fact that the plaintiff, through his solicitors, who are the 2nd defendant, executed a Sales and Purchase Agreement with the 1st defendant in the main suit on 24 November 2016.

[16] On 8 May 2017, the 9th defendant received the application from the plaintiff's solicitors, the 2nd defendant, to transfer the land title to the plaintiff in the main suit. On the same day, the computerised issue document of title was issued to the plaintiff accordingly.

[17] On 10 July 2017, the 5th defendant in the counterclaim lodged a private caveat in respect of the said Land upon a trust deed entered between the plaintiff in the main suit and the 5th defendant.

[18] The actual Yeoh Ah Guan, who attended the Klang Land Office on 30 August 2018 to pay the quit rent for the said Land, discovered that his land had been transferred to the plaintiff. This prompted him to lodge a private c