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2025 MarsdenLR 4517

HIGH COURT MALAYA ALOR SETAR
ART J ORIGINAL SDN BHD – Appellant
Versus
DIRECTOR OF LAND AND MINES KEDAH & ORS; ROSLAN RAHIM (THIRD PARTY) – Respondent


Petitioner Advocates:Athimulan Muruthiah ,Respondent Advocate: Nurul Liyana Mohamad Nasir,Norhayati Ibrahim

JUDGMENT

John Lee Kien How @ Mohd Johan Lee J:

(After Trial)

Introduction

[1] Imagine a purchaser who has completed the conveyancing process and fully paid the consideration sum, had the title duly transferred under its name. However, sometime later, its ownership in the land was declared to be null and void owing to the Malay Reservation status which was never stated in the title search report obtained prior to the completion of the transfer process. This status was never stated in the search report owing to the failure of the Land Office staff during the process of digitalisation of the title deeds.

[2] This is a civil action by the poor victim for damages owing to the negligence and for declaratory relief. This ground is written owing to the appeal filed by D1, D2, and D4, who are collectively the State Land Authorities ("SLA Defendants") who are unsatisfied with the decision of this Court at the end of the trial in favour of the Plaintiff who has suffered losses owing to the negligence of the Land Office staff.

Brief Facts Of The Case

[3] The Plaintiff entered into a Sale and Purchase agreement dated 25 November 2013 with Rahim Bin Ismail, who was the owner of all that piece of land


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