NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY

jb-22ncvc-2-01-2022 High Court (Mahkamah Tinggi) 12 May 2025 • JB-22NCvC-2-01/2022 • 35 min read
17 cases cited (0 SG, 17 foreign)

Catchwords

Full trial – Family dispute over properties – Parties involved in the family business - Plaintiff is the father – The 1st Defendant is the eldest son – The 2nd Defendant is the wife – The Plaintiff handed over the management of the family business and properties to the 1st Defendant in exchange for retiring from the family business and receiving a monetary contribution of love and affection – The Plaintiff transferred his properties to the Defendants, with consideration stated as love and affection – Some years later, the Plaintiff stopped receiving the monetary contribution from the 1st Defendant, prompting him to demand the return of the properties transferred to the Defendants – After a long period of silence, the Plaintiff alleges that the properties were fraudulently transferred by the Defendants – The Plaintiff claims to be unaware and has no knowledge of the transfer documents executed by him - He pleads non est factum – Whether non est factum is pleaded – The Plaintiff alleges the Defendants abused the trust he had placed in them by deceiving him into signing the transfer documents as if they were company documents – The Plaintiff asserts he never executed any documents before a lawyer - Hence, the attestation clause in the memorandum of transfer is false – Whether this amounts to an insufficient instrument of transfer under s. 340(2)(b) NLC – Whether this issue is pleaded - Or whether the Plaintiff transferred the properties voluntarily to the Defendants – And in fact, there was consideration for the transfer – There is inconsistent evidence concerning the payment of the contribution to the Plaintiff - The parties and their witnesses were not truthful about the details of the contribution – Whether the Plaintiff’s remedy lies in claiming for the contribution from the Defendants.

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Counsel (8)

Koh & Teh Law Chamber Firm Tham Teoh & Partners Firm Amirul bin Rafie Counsel Defendant Koh Sze Jie Counsel Defendant Kor Weizhen Counsel Defendant Law Cheun Yao Counsel Plaintiff Stanislaus A/L J. Vincent Cross Counsel Defendant Teoh Tiong Jin Counsel Plaintiff

Parties (3)

Nam Ah Tee @ Nam Ting Kuang Plaintiff Nam Yaw Shuang Defendant Yap Ah Sey Defendant

Case Significance

NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY is a High Court (Mahkamah Tinggi) decision dated May 12, 2025 (citation: jb-22ncvc-2-01-2022). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.

What was the outcome of NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY?

NAM AH TEE @ NAM TING KUANG v 1. ) NAM YAW SHUANG 2. ) YAP AH SEY is a High Court decision dated May 12, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.

Statutes Cited

Evidence Act 1950 (Cap 56)
s 92
National Land Code (Cap 828)

Cases Cited (17)

UK (1)
[1971] AC 1004
MY (16)
[1966] 1 MLJ 172 [1971] 1 MLJ 54 [1971] 2 MLJ 196 [1973] 2 MLJ 117 [1988] 3 MLJ 104 [1998] 4 MLJ 210 [2000] 4 MLJ 96 [2002] 3 MLJ 572 [2002] 6 CLJ 512 [2014] 3 MLJ 691 [2015] 5 MLJ 1 [2015] 8 CLJ 944 [2020] 4 MLJ 693 [2021] MLJU 192 [2024] 10 CLJ 611 [2024] 7 MLJ 774

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (jb-22ncvc-2-01-2022)