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2025 MarsdenLR 132086

HIGH COURT (KLANG)
AZMI ABDULLAH, J


Advocates:
S S Tham (S S Tham & Co) in the original suit for the plaintiffs.
C K Yeoh (with Razlan Hadri) (Nethi & Saw) in the counterclaim for the plaintiff.
Lee Chee Boon (with Tang Ser Chiew, John Henry Louis) (John & Assoc) for the defendants.
Asmawi bin Ismail (I Asmawi & Assoc) for the defendants.
Mohamad Nor Hisam bin Hussain (Norhisam & Assoc) for the defendant.
Nor Fariza bt Ridzuan (Kamar Penasihat Undang-Undang Negeri Selangor) for the Selangor Land Office.

Azmi Abdullah J:

JUDGMENT

Introduction

[1]This case involves a fraudulent sale and purchase transaction of a piece of land situated in Selangor. In the original action, the fraudulent transaction was orchestrated by a fraudster who impersonated himself as the real owner of the land. The plaintiffs were the victims of this unscrupulous scam which resulted in them losing RM1.5 million to the fraudster who remains at large.

[2]The subject land in this suit is a piece of land held under Geran No. Hakmilik 47504, Lot No. 7645, Mukim Kajang, Daerah Ulu Langat, Negeri Selangor (“the Land”). Hee Yan Choong (“Hee”), the 2nd defendant in the original action, was the registered proprietor of the Land. Somewhere in November 2015, a fraudster who impersonated himself as Hee and armed with a fake Issue Document of Title (“IDT”) of the Land fraudulently peddled the Land to the plaintiffs for a purchase consideration of RM1.8 million. The plaintiffs parted with a total sum of RM1.5 million as part purchase price to the fraudster. Before the completion of the sale, on 29.12.2015 the Land was ‘hijacked’ and fraudulently transferred to Lee Chee Boon (“Lee”), the 1st defendant in the original action who i

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