1. ) HALIZA BINTI ABD HAMID 2. ) Azeme Bin Azhar 3. ) HISYAMUDIN BIN ABD HAMID v 1. ) ROGAYAH BINTI DIN 2. ) JIN YI DEVELOPMENT SDN BHD

pa-22ncvc-83-06-2024 High Court (Mahkamah Tinggi) 11 February 2026 • PA-22NCvC-83-06/2024

Catchwords

1. This action concerns a residential development undertaken on a parcel of vacant agricultural land in Seberang Perai Utara, Pulau Pinang, and raises fundamental questions as to whether a licensed developer, who acted in reliance on the land register and the representations of the registered proprietor, may later be drawn into a dispute arising from a private consent judgment to which it was never a party and of which it had no notice. 2. At all material times prior to July 2023, the land register reflected the First Defendant as the registered proprietor of the said Land, free from encumbrances or caveats in favour of the Plaintiffs. Acting on that footing, the Second Defendant entered into a joint venture with the First Defendant and proceeded to incur costs and make payments towards development. It was only years later that the Plaintiffs sought to assert claims founded on a Consent Judgment entered into between themselves and the First Defendant in earlier proceedings. 4. This Court is therefore called upon to determine whether, in the circumstances of this case, liability may properly be visited upon a developer who acted in reliance on the land register and the representations of the registered proprietor, or whether the Plaintiffs’ claims are undermined by delay, the absence of notice, and the limits of the Consent Judgment upon which they rely.

Judges (1)

Choong Yeow Choy Delivered

Parties (5)

JIN YI DEVELOPMENT Sdn Bhd Defendant Azeme bin Azhar Plaintiff Haliza binti Abd Hamid Plaintiff Hisyamudin bin Abd Hamid Plaintiff Rogayah binti Din Defendant

Judgment

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Source: eJudgment (pa-22ncvc-83-06-2024)