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2013 MarsdenLR 1163

FEDERAL COURT PUTRAJAYA
KAMARULZAMAN OMAR & ORS – Appellant
Versus
YAKUB HUSIN & ORS – Respondent


Table of Content
1. leave granted for appeal concerning property title. (Para 1 , 2)
2. appellants allege fraud and misrepresentation in title acquisition. (Para 3 , 4 , 5)
3. trial court's ruling on fraud needs further clarification. (Para 6 , 8 , 10 , 12)
4. court's reasoning on judgments and fraud (Para 11)
5. court's reference to legal precedents surrounding land title. (Para 13 , 19 , 21)
6. interpretation of section 340 (Para 14 , 15 , 20)
7. establishment of title or interest protection (Para 25 , 27)
8. interpretation of indefeasibility under the national land code. (Para 30 , 31 , 32 , 34)
9. conclusions and future guidance for assessing property titles. (Para 35)
10. conclusion on the appeal and implications for title (Para 37)

[1] This is an appeal against the concurrent findings of the trial court and the court of Appeal, which held that the 5th and 6th respondents were bona fide purchasers and that their title or interest in the lands hereinafter described were therefore protected by s 340(3) of the National Land Code .

[2] Leave was granted to the appellants to appeal against the order of the court of Appeal in respect of the matter decided by the trial court in the exercise of i

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