GHANTIMATHY A/P KANNAPIRAN v ANNAMMAH A/P PONNUSAMY

ba-22ncvc-227-06-2023 High Court (Mahkamah Tinggi) 12 August 2025 • BA-22NCvC-227-06/2023 • 12 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

CIVIL PROCEDURE: Determination on Question of Laws – Order 14A of the Rules of Court 2012 – Court’s own motion to dispose case on point of laws – Dispensation of viva voce evidence – The dispute between two beneficiaries over the Deceased’s property – Whether the Power of Attorney survived the death of the donor – The effect of an incomplete inter vivos gift – Questions posed answered in negative CONTRACT LAW: Sections 5 and 6 of the Powers of Attorney Act 1949 – Power of Attorney is valid until it is revoked/renounced/death of the donor – Irrevocable Power of Attorney – Valuable consideration – Section 26(a) of the Contracts Act 1950, illustration (b) – Whether love and affection constitute as valuable consideration – No valuable consideration found in this case EQUITY: Whether the Court has equitable jurisdiction to enforce or complete an unperfected gift – The principle in Strong v Bird – The failure of the Donor to execute the necessary transfer forms during his living renders the gift to be unperfected – No equity applicable to perfect an imperfect inter vivos gift

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (5)

Kiranjit Randhawa & Co Firm Saibullah M V Nathan & Co Firm Ashrul Haikal Counsel Defendant Karnan A/L Rajanthiran Counsel Plaintiff Swinder Singh Counsel Defendant

Parties (2)

Annammah a/p Ponnusamy Defendant Ghantimathy a/p Kannapiran Plaintiff

Case Significance

GHANTIMATHY A/P KANNAPIRAN v ANNAMMAH A/P PONNUSAMY is a High Court (Mahkamah Tinggi) decision dated August 12, 2025 (citation: ba-22ncvc-227-06-2023). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of GHANTIMATHY A/P KANNAPIRAN v ANNAMMAH A/P PONNUSAMY?

GHANTIMATHY A/P KANNAPIRAN v ANNAMMAH A/P PONNUSAMY is a High Court decision dated August 12, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)

s 26

National Land Code (Cap 828)

Powers of Attorney Act 1949

s 4

Rules of Court 2012

Cases Cited (4)

MY (4)

[2005] 2 CLJ 863 [2010] 3 CLJ 818 [2017] 4 MLJ 570 [2022] 5 CLJ 829

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-227-06-2023)