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2019 MarsdenLR 917

HIGH COURT SABAH & SARAWAK TAWAU
CHEE SHET KHAN @ CHU SET KOM – Appellant
Versus
GOLDEN ELATE SDN BHD & ORS – Respondent


Petitioner Advocates:Mervyn @ Hasan Sainy ,Respondent Advocate: Datuk Norbert Chin Chuan Siong

Table of Content
1. court's findings regarding forgery and legal implications on land title. (Para 22 , 23 , 24 , 39 , 41)
2. final ruling of the court regarding the plaintiff's claim. (Para 40)
3. impact of forgery on title claims. (Para 42)
The Issues

[22] There are 4 issues which had been agreed by the parties for the determination of this Court as follows:-

(i) Whether the Plaintiff's alleged signature on the PA dated 25 May 2000 was forged / fraudulently made;

(ii) Whether the Plaintiff's alleged signature on the S&P dated 2 May 2002 was forged / fraudulently made;

(iii) Whether the 1st Defendant is a bona fide purchaser for value;

(iv) If the answer is affirmative, whether the 1st Defendant acquired good title to the said Land upon registration despite the forgery.

The Court's Findings

[23] Having heard the evidence and considered the submissions from both parties, my answer to the first two questions above are in the affirmative that the Plaintiff's signatures in the PA and S&P were forged and they are not the signatures of the Plaintiff.

[24] The Plaintiff had vehemently denied the signatures in the PA and S&P were his with his own direct evidence as well as supported by the evidence o

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