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2025 MarsdenLR 4999

COURT OF APPEAL PUTRAJAYA
PENDAFTAR HAK MILIK NEGERI SELANGOR & ORS – Appellant
Versus
OOH TONG HAI & ANOR AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Hani Aziza Ismail @ Aziz,Norfariza Ridzuan ,Respondent Advocate: Tham Shien Shyong,Cheah Suat Ling

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"). Th

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