SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CHANDRAGUPTA GAMINI KANNANGARA
Catchwords
ABSTRACT The Applicant obtained an ex parte order terminating co-proprietorship without joining personal representatives of two deceased co-owners. Held: Intervention allowed and ex parte order set aside. The administrator's legal rights over the deceased's one-third share were directly affected, satisfying the Pegang Mining test for intervention. The ex parte order was fundamentally flawed: (1) sections 145 and 343(1)(c) National Land Code 1965 require personal representatives of deceased co-proprietors to be joined as proper parties; (2) material non-disclosure occurred when the Applicant concealed the administrator's prior written notice asserting the estate's interest; and (3) natural justice was breached by denying affected parties notice and opportunity to be heard without justification. Unilateral termination of co-proprietorship rights without notice to all current legal owners violates procedural fairness. ________________________________________ KEYWORDS Co-proprietorship termination; Intervention; Ex parte orders; National Land Code 1965; Personal representatives; Estate administration; Material non-disclosure; Natural justice
Judges (1)
Case Significance
SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CH... is a High Court (Mahkamah Tinggi) decision dated November 11, 2025 (citation: wa-24ncvc-4304-11-2024). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Keywords: co-proprietorship, Section 145 National Land Code, ex parte order, natural justice, intervention, beneficial interest, estate administration.
What was the outcome of SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CH...?
SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CH... is a High Court decision dated November 11, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24ncvc-4304-11-2024)