JUDGMENT

Lim Chong Fong JCA:

Introduction

[1] These appeals concern yet another of the many land scam cases.

[2] The parties to the appeals are, and shall hereinafter be referred to, as follows for clarity and convenience:

A. Civil Appeal No.: P-01(NCVC)(W)-480-07/2022 ("Appeal no 480")

B. Civil Appeal No.: P-01(NCVC)(W)-481-07/2022 ("Appeal no 481")

[3] At the hearing of the appeal on 28 April 2025, we were informed that Tang had been adjudged a bankrupt on 18 March 2021 and remained an undischarged bankrupt at the time he lodged his notice of appeal. As he was incompetent to maintain the appeal, we accordingly struck out his appeal. We thereafter proceeded to hear both of the remaining complex appeals together, but reserved our decision to consider the arguments advanced by the parties.

[4] Having now done so, we deliver our decision together with the supporting grounds.

Background

[5] Hee is the original registered proprietor of the land held under Geran No Hakmilik 47504, Lot No 7645, Mukim Kajang, Daerah Ulu Langat, Negeri Selangor Darul Ehsan ("the Land"). The issue document of title registered in Hee's name is Version 2, dated 9 August 2011, bearing Serial No SDE0786827 ("IDT v2"). This IDT v2 was in the possession of Hee at all material times.

[6] Unknown to Hee, an imposter, purporting to be Hee, by a sale and purchase agreement dated 2 December 2015, purportedly sold the Land to Ooh & Goh for a consideration of RM1.8 million. A solicitor, Wan Zaiharatulhasra binti Hamid ("Wan"), acted for the imposter, who falsely represented himself to be Hee.

[7] Pursuant thereto, on 2 December 2015, Ooh & Goh paid a sum of RM1.5 million to the imposter towards the purchase price of the Land. They also lodged a private caveat over the Land pending completion of the transaction and the payment of the balance purchase price of RM300,000.00. For the said transaction, the imposter utilised an issue document of title registered in Hee's name, being Version 3 dated 30 May 2014, bearing Serial No SDE0583325 ("IDT v3(i)").

[8] Notwithstanding the foregoing, there had already been a purported sale of the Land by the imposter to one Lee for a sum of RM500,000.00 on or about 30 October 2015.

[9] Consequent thereto, the solicitors acting for the imposter, M/s John & Associates, procured the removal of the private caveat lodged by Ooh & Goh on 29 December 2015.

[10] Following the removal of the private caveat, Lee was registered as the proprietor of the Land on 29 December 2015. The issue document of title issued in Lee's name is another Version 3, dated 29 December 2015, bearing Serial No SDE0940496 ("IDT v3(ii)"), which is presently in Lee's possession. There also exists another issue document of title, the date and serial number of which remain unclear, which was utilised for the transfer of the Land to Lee ("IDT v4").

[11] Upon discovery of the wrongful removal of their caveat, Ooh & Goh made enquiries with the Land Registry, but no response was forthcoming. They similarly wrote to and sought clarification from John & Associates but did not receive any reply. Thereafter, on 10 March 2016 and again on 24 March 2016, Ooh & Goh re-lodged their private caveat to safeguard their interest in the Land.

[12] On 8 June 2016, Ooh & Goh commenced Penang High Court Suit No: PA-22NCVC-109-06/2016 Ooh Tong Hai & Anor v. Lee Chee Boon & Anor ("the Suit") against Lee and Hee.

[13] By Orders of the High Court dated 16 February 2017 and 30 October 2018 respectively, Wan, the Land Registry, and its Relevant Officers were joined as Defendants to the Suit.

In The High Court

[14] Ooh & Goh claimed as follows in the Suit (in Bahasa Melayu):

a) Satu deklarasi bahawa pemindahan hakmilik hartanah yang dipegang di bawah Geran No Hakmilik 47504, Lot No 7645, Mukim Kajang, Daerah Ulu Langat, Negeri Selangor ("Hartanah tersebut") oleh Defendan Kedua kepada Defendan Pertama adalah terbatal dan tidak sah;

aa) Satu perintah untuk perlaksanaan spesifik perjanjian jual beli bertulis bertari