MAT SAAD BIN AHMAD v 1. ) MOHAMAD SUKRI BIN ABDULLAH 2. ) Mohamad Sukri Bin Abdullah Wakil Diri Bagi Harta Pusaka Dahman Bin Haji Mat Akib,simati

ka-22ncvc-2-01-2020 High Court (Mahkamah Tinggi) 29 July 2025 • KA-22NCvC-2-01/2020 • 24 min read

9 cases cited (0 SG, 9 foreign)

Catchwords

Land Law - Co-proprietorship: Undivided land - Undivided shares - Tenancy-in-common - National Land Code (NLC): Section 342 - Section 343 - Possession and Enjoyment: Co-owner’s entitlement to possession and enjoyment of the whole land - Exclusive Possession: Claim for exclusive possession of a specific portion of undivided land - Whether undivided share confers right to exclusive possession - Communal Arrangement: Long-standing communal arrangement among co-owners - Mutual understanding regarding physical apportionment and demarcation - Effect of communal agreement on co-proprietorship - Transfer of Interest: Whether subsequent owner/newcomer bound by existing communal agreement Trial & Evidence – Expert Evidence – Evidence from long-time residents Equity- Recognition of arrangements between co-owners in an undivided land - Unjustness of reneging on long-standing arrangements - Principles ‘substantially equitable’ Caveat Emptor - Application to purchaser of undivided share who failed to confirm physical plot location Civil Procedure - Locus Standi - Deceased Estate: Claim involving estate of a deceased co-owner - Personal Representative: Status of personal representative in the absence of a Letter of Administration (LA)- Beneficiary: Locus standi of a beneficiary to contest a claim - Right to take legal steps to protect/preserve estate property in the absence of LA - Technicality: Whether absence of LA is a mere technicality barring judgment in favor of the defendant/beneficiary

Practice Areas

Land Law

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Counsel (6)

Laili & Co Firm R.S. Maniam & Co. Firm Ang Khoon Cheong Counsel Defendant Nadarajan Arumugam Counsel Plaintiff Noorlaili Aziz Counsel Defendant R.S. Maniam Counsel Plaintiff

Parties (3)

Mat Saad bin Ahmad Plaintiff Mohamad Sukri bin Abdullah Defendant Mohamad Sukri bin Abdullah Wakil Diri Bagi Harta Pusaka Dahman bin Haji Mat Akib,simati Defendant

Case Significance

MAT SAAD BIN AHMAD v 1. ) MOHAMAD SUKRI BIN ABDULLAH 2. ) Mohamad Sukri Bin A... is a High Court (Mahkamah Tinggi) decision dated July 29, 2025 (citation: ka-22ncvc-2-01-2020). The case was decided by John Lee Kien How @ Mohammad Johan Lee.

What was the outcome of MAT SAAD BIN AHMAD v 1. ) MOHAMAD SUKRI BIN ABDULLAH 2. ) Mohamad Sukri Bin A...?

MAT SAAD BIN AHMAD v 1. ) MOHAMAD SUKRI BIN ABDULLAH 2. ) Mohamad Sukri Bin A... is a High Court decision dated July 29, 2025. The case was heard by John Lee Kien How @ Mohammad Johan Lee. See the full judgment for details.

Statutes Cited

Land Code

s 44(i)

National Land Code (Cap 828)

s 343(1)

Cases Cited (9)

MY (9)

[1962] 1 MLJ 236 [1962] 1 MLJ 95 [1980] 1 MLJ 36 [2006] 4 CLJ 767 [2007] 1 MLJ 116 [2007] 4 MLJ 297 [2008] MLJU 41 [2020] 7 CLJ 477 [2020] MLJU 558

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ka-22ncvc-2-01-2020)