1. ) Chow Seah Mei 2. ) NG KHAI FOO v Ong Ghee Hun

pa-22ncvc-195-12-2024 High Court (Mahkamah Tinggi) 27 January 2026 • PA-22NCvC-195-12/2024

Catchwords

1. This case arises from a contested transfer of a residential property in Bukit Mertajam, Penang, and centres on a stark dispute as to the true nature of the transaction between the parties. 2. The Plaintiffs, the former registered proprietors of the property which was charged to Malayan Banking Berhad, contended that what was presented as a sale and purchase was in reality an unlawful loan arrangement, in which the Defendant, allegedly acting as or through unlicensed moneylenders, advanced monies and required the execution of a sale and purchase agreement and transfer documents merely as security, resulting in the redemption of the bank charge and transfer of title without their knowledge or consent. The Defendant, on the other hand, maintained that the transaction was a bona fide sale conducted at the Plaintiffs’ insistence, that he paid the agreed purchase price, redeemed the outstanding loan with the chargee bank, and lawfully obtained registration as proprietor. 3. This Court is thus called upon to determine whether the impugned transaction was tainted by fraud or illegality so as to vitiate the Defendant’s title, or whether it constituted a valid sale conferring indefeasible ownership under the National Land Code (Revised 2020) (Act 828) (“NLC”).

Judges (1)

Choong Yeow Choy Delivered

Parties (3)

Chow Seah Mei Plaintiff Ng Khai Foo Plaintiff Ong Ghee Hun Defendant

Judgment

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Read on eJudgment

Source: eJudgment (pa-22ncvc-195-12-2024)