Trespass
3 cases · January 2025 to April 2026
Case Volume by Year
2 25
1 26
2025–2026
Key Issues & Sub-Topics
Unlawful occupation — Long occupation — Whether duration of occupation confers legal or equitable rights — Adverse possession — Exclusion under s 341 National Land Code. 1 summary possession under Order 89 ROC 2012 — squatters, adverse possession — National Land Code — vacant possession 1 Claim for vacant possession and general damages — Beneficial ownership to an undivided sub-lot land held under master title — Defence of bona fide purchaser for value — No register title — Cannot rely on the concept of deferred indefeasibility — Nemo dat quod non habet — Validity of original 1984 sale and purchase agreements — Validity of subsequent sale — Plaintiff remains as the owner because she never sold the land and still has in her possession her original 1984 sale and purchase agreement — Onus of proof shifted to Defendant to prove her ownership — Payment of utility and quit rent or assessments is not proof of ownership — Failure to call witnesses to testify — Section 114(g) of the Evidence Act 1950 1
Unlawful occupation — Long occupation — Whether duration of occupation confers legal or equitable rights — Adverse possession — Exclusion under s 341 National Land Code. 1 case
summary possession under Order 89 ROC 2012 — squatters, adverse possession — National Land Code — vacant possession 1 case
Claim for vacant possession and general damages — Beneficial ownership to an undivided sub-lot land held under master title — Defence of bona fide purchaser for value — No register title — Cannot rely on the concept of deferred indefeasibility — Nemo dat quod non habet — Validity of original 1984 sale and purchase agreements — Validity of subsequent sale — Plaintiff remains as the owner because she never sold the land and still has in her possession her original 1984 sale and purchase agreement — Onus of proof shifted to Defendant to prove her ownership — Payment of utility and quit rent or assessments is not proof of ownership — Failure to call witnesses to testify — Section 114(g) of the Evidence Act 1950 1 case
Key Statutes
Land Ordinance
cited in 1 case National Land Code 1965 (Cap 828)
cited in 1 case Evidence Act 1950 (Cap 56)
cited in 1 case National Land Code (Cap 828)
cited in 1 case Court Distribution
Key People & Firms
Cases
ma-22ncvc-57-11-2023
NORAINI BINTI AHMAD v 1. ) PAIZA BINTI ZAKARIAH 2. ) MOHD PAZIM BIN ZAKARIAH 3. ) MOHD PAZLEE BIN ZAKARIAH 4. ) PALILA BINTI ZAKARIAH
29 April 2026
MYHC
wa-24ncvc-1940-05-2025
EXITO PRIMA SDN. BHD. v PENGHUNI-PENGHUNI YANG MENDUDUKI TANAH DI ATAS LOT 56167, GERAN 49781 MUKIM BATU, DAERAH KUALA LUMPUR WILAYAH PERSEKUTUAN KUALA LUMPUR
22 July 2025
MYHC
ba-22ncvc-441-10-2023
PAKIAM A/P KULAN v SARADHA A/P KANNAN
2 January 2025
MYHC