AHMAD FAZIL BIN MOHAMED HASHIM v MAYANG MURNI BINTI M. RAMLY
Catchwords
In this Originating Summons, a dispute has arisen between two parties who were once married. Upon their divorce, the plaintiff filed a claim in the Seremban Syariah High Court for a piece of property registered in their joint names to be solely given to him and not be considered matrimonial property. The Seremban Syariah High Court granted the property to be fully given to the plaintiff based on the evidence obtained after a full trial, where it was decided, amongst others, that the plaintiff was the only party who contributed monetarily towards the purchase of the property. The Court finds that discretion still lies with the court to implement the Seremban Syariah High Court Order. This type of order cannot be granted by the Syariah High Court. Also, the concept of indefeasibility of title is not applicable in this case, since it involves a jointly acquired matrimonial property that the Seremban Syariah High Court has awarded to the plaintiff.
Judgment
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Read on eJudgmentSource: eJudgment (wa-24ncvc-4375-09-2025)