JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] The plaintiff and defendant are administrators of the estates of their respective deceased fathers, Lau Heng Guan @ Lan Heng Yuen and Toh Bu Yong. They have competing claims over land that to this day, remains registered to one Kam Kwok Ping who also goes by various iterations of the Chinese characters of his name ("Landowner").

[2] Both the plaintiff and defendant claim that their respective fathers had entered into oral contracts to purchase the Land from the Landowner. They agree only that the Landowner and his descendants are untraceable. Both parties have previously attempted to claim ownership of the Land by unilaterally securing default court orders against the Landowner.

[3] The plaintiff has filed the present suit to set aside such a default Order obtained by the defendant on grounds of fraud and illegality. In response, the defendant launched a counterclaim, seeking injunctions to restrain the plaintiff from exploiting the Land and claiming damages for breach of a contract by which the plaintiff was to pay him 50% of profits from the Land.

Background Facts

[4] The subject land is freehold agricultural land in Sungai Pelek, Sepang, held under district land office titles:

a) GM 886, Lot No 478, Sepang Kecil, Mukim Sepang, Daerah Sepang, Negeri Selangor Darul Ehsan, measuring approximately 4.0469 hectares ("Lot 478"); and

b) GM 677, Lot No 369, Sepang Kecil, Mukim Sepang, Daerah Sepang, Negeri Selangor Darul Ehsan, measuring approximately 2.0234 hectares ("Lot 369").

(collectively, the "Land"). The Land was first alienated to the Landowner in 1920/1921 as EMR 2617 and EMR 2453 respectively at Mukim Sepang.

[5] The defendant was appointed administrator de bonis non over the estate of his father, Toh Bu Yong, on 21 March 2018 in Kuala Lumpur High court Originating Summons No.: WA-31NCvC-300-02/2018 when his mother and the original administrator passed away. He first claimed the Land in these proceedings when he sought to amend the list of assets in the estate to include the Land.

[6] In support of his claim, the defendant filed a further suit in Kuala Lumpur High court Civil Suit No: WA-24NCvC-1276-07/2021 against the Landowner to seek various declarations and orders, principally to the effect that Toh Bu Yong had purchased the Land for Straits Settlement Dollars 750 ("SSD 750") and was the beneficial owner of the land ("KL Suit"). On 14 July 2022, he obtained a final order in the absence of the Landowner ("Impugned Judgment").

[7] The plaintiff likewise filed Shah Alam High court Originating Summons No.: BA-31 NCvC-253-02/2022, seeking a grant of Letters of Administration over the estate of his father, Lau Heng Guan, and included the Land among its assets.

[8] At the same time, the plaintiff filed Sepang Sessions court Civil Suit No: BK-B52NCvC-4-02/2022 against the Landowner and obtained a judgment in default of appearance on 11 May 2022 that inter alia, declared Lau Heng Guan the lawful proprietor of the Land ("Sessions court JID").

[9] The Sessions court JID was set aside on 18 June 2025, and the suit was struck out. It is this court's understanding based on representations from counsel during case management, that there were jurisdictional issues with the Sessions court JID, and its setting aside was consented to on the understanding that the subject matter of the claim would be determined in this action.

[10] In the meantime, the defendant sought interlocutory injunctions in this action, essentially to restrain the plaintiff from exploiting the Land pending the trial. This was refused. In the court of Appeal Order dated 4 July 2024 which was recorded by consent, the plaintiff was to provide the defendant with monthly accounts of income and costs from the Land from August 2022 until the determination of this action.

Analysis And Findings

[11] The primary issues to be determined by this court are:

a) Whether the plaintiff or defendant can prove their respective claims to title to the La