Yap Ham Seow vs Fatimawati bt Ismail & Ors and another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 MarsdenLR 6215

COURT OF APPEAL (PUTRAJAYA)
RAUS SHARIF, PCA, ALIZATUL KHAIR, J, AZIAH ALI, JJCA
Yap Ham Seow – Appellant
Versus
Fatimawati bt Ismail & Ors and another – Respondent

Advocates:
Bastian Vendargon (PK Nathan and Anne Vendargon with him) (Bastion Vendargon) in Civil Appeal No B-01–140–03 of 2012 for the plaintiff.
Azhar Arman Ali (Arman-Yunos) in Civil Appeal No B-01–140–03 of 2012 for the first defendant.
Wong Hok Mun (PS Koh with him) (Azim Tunku Fariq, & Wong) in Civil Appeal No B-01–140–03 of 2012 for the second defendant.
Nooraida bt Che Zahari (Rajagopalu & Co) in Civil Appeal No B-01–140–03 of 2012 for the third defendant.
CW Yeo (MY Phan and JC Yong with him) (Wilson Wong Tan & Co) in Civil Appeal No B-01–140–03 of 2012 for the fourth defendant.
Md Azhari Abu Hanif (Senior Federal Counsel, Selangor State Legal Advisors Chambers) in Civil Appeal No B-01–140–03 of 2012 for the fifth defendant.
CW Yeo (MY Phan and JC Yong with him) (Wilson Wong Tan & Co) in Civil Appeal No B-01–141–03 of 2012 for the fourth defendant.
Bastian Vendargon (PK Nathan and Anne Vendargon with him) (Bastion Vendargon) in Civil Appeal No B-01–141–03 of 2012 for the plaintiff.
Azhar Arman Ali (Arman-Yunos) in Civil Appeal No B-01–141–03 of 2012 for the first defendant.
Wong Hok Mun (PS Koh with him) (Azim Tunku Fariq, & Wong) in Civil Appeal No B-01–141–03 of 2012 for the second defendant.
Nooraida bt Che Zahari (Rajagopalu & Co) in Civil Appeal No B-01–141–03 of 2012 for the third defendant.
Md Azhari Abu Hanif (Senior Federal Counsel, Selangor State Legal Advisors Chambers) in Civil Appeal No B-01–141–03 of 2012 for the fifth defendant.

Raus Sharif PCA (delivering judgment of the court):

THE INTRODUCTION

There are two appeals and one cross-appeal before us filed against the decision of the learned judicial commissioner (trial judge) of High Court Shah Alam delivered on 16 February 2012. Before embarking further it is pertinent that we introduce the parties to said appeals and the impugned orders that are being appealed against.

In brief, at the High Court, the plaintiff instituted an action for loss of ownership and recovery of her land held under CT 23345, Lot 8659 Mukim Kajang, in Daerah Ulu Langat. In the writ of summons she had named five parties whom she alleged were liable to her losing the ownership and interest to the land. The five defendants sued by the plaintiff were the following:

(a) Fatimawati binti Ismail	(first defendant)
(b) Tetuan Isa Ling & Mok	(second defendant)
(c) Debarath Metal Sdn Bhd	(third defendant)
(d) Kasi a/l K L Palaniappan	(fourth defendant)
(e) Pendaftar Hakmilik Negeri Selangor	(fifth defendant)

The learned trial judge after a full trial allowed the plaintiff’s claim and ordered that the plaintiff’s name as the registered proprietor of the land to be restored. In so doing, the trial judge dismi

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2025 MarsdenLR 6215

COURT OF APPEAL (PUTRAJAYA)RAUS SHARIF, PCA, ALIZATUL KHAIR, J, AZIAH ALI, JJCAYap Ham Seow – AppellantVersusFatimawati bt Ismail & Ors and another – Respondent

Raus Sharif PCA (delivering judgment of the court):

COURT OF APPEAL (PUTRAJAYA)
RAUS SHARIF, PCA, ALIZATUL KHAIR, J, AZIAH ALI, JJCA
Yap Ham Seow – Appellant
Versus
Fatimawati bt Ismail & Ors and another – Respondent