SITI ASIAH BINTI SALLEH v ABU BAKAR BIN CHU

wa-24ncvc-2597-06-2025 High Court (Mahkamah Tinggi) 16 October 2025 • WA-24NCvC-2597-06/2025 • 13 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

S.145 National Land Code 1965 – Plaintiff and her late sister are co-proprietors of a shophouse – Plaintiff paid difference between purchase price and bank loan – Late sister of the Plaintiff Loan repaid bank loan by using rentals from the upper floors of shophouse – The late sister occupied the ground floor for her own business without paying any rent to the Plaintiff – Defendant is brother-in-law of Plaintiff and administrator of Estate of the Plaintiff’s late sister – Defendant pleaded resulting trust and alternatively constructive trust in favour of the Plaintiff’s sister – No evidence of trust arising from the facts of the case – s.343 National Land Code 1965 is applicable that Plaintiff and her late sister hold half share each as co-proprietors of the shophouse – Plaintiff has suffered losses from not receiving anything from the shophouse while the late sister and her husband have benefitted from the shophouse from occupying and collecting rentals – Defendant ignored the Plaintiff’s requests for information about rentals collected and tenancies agreement regarding the shophouse – Fair and equitable case to invoke S.145 National Land Code 1965 to order termination of co-proprietorship and sale of the shophouse

Judges (1)

Gan Techiong Delivered

Counsel (5)

Hafeez & Hazlina Firm Najiana & Associates Firm Balbir Singh Counsel Defendant Norhafeez bin Nurul Hadi Counsel Plaintiff Siti Noor Najiana Counsel Defendant

Parties (2)

Abu Bakar bin Chu Respondent Siti Asiah binti Salleh Applicant

Case Significance

SITI ASIAH BINTI SALLEH v ABU BAKAR BIN CHU is a High Court (Mahkamah Tinggi) decision dated October 16, 2025 (citation: wa-24ncvc-2597-06-2025). The case was decided by Gan Techiong.

What was the outcome of SITI ASIAH BINTI SALLEH v ABU BAKAR BIN CHU?

SITI ASIAH BINTI SALLEH v ABU BAKAR BIN CHU is a High Court decision dated October 16, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

National Land Code (Cap 828)

Cases Cited (3)

MY (3)

[2016] 6 CLJ 860 [2016] MLJU 1737 [2022] 5 MLJ 690

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncvc-2597-06-2025)