WA-22NCvC-52-01/2020
High Court of Malaysia14 Jul 2022
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“ention that it is incumbent upon the Court to determine the actual intentions behind the various documents including the Declaration of Trust and the land transfer documents especially Form 14 of the National Land Code relied upon by the parties.”
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1 DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR DALAM WILAYAH PERSEKUTUAN, MALAYSIA BAHAGIAN SIVIL NO. GUAMAN SIVIL : WA-22NCVC-52-01/2020 ANTARA ZURIDAH BINTI DAUD (NO. K/P: 741230-14-5132) …PLAINTIF DAN DAUD BIN ABDULLAH (NO. K/P: 400907-01-5693 / 4505740) ...DEFENDAN JUDGMENT
1
The Defendant applied for this case to be decided by virtue of Order 14A of the Rules of Court 2012 (“the Rules”).
2
Order 14A of the Rules states as follows:
1
Determination of questions of law or construction (O. 14A r. 1)
1
The Court may, upon the application of a party or of its own motion, determine any question of law or construction of any document arising in any cause or matter at any stage of the proceedings where it appears to the Court that-
a
such question is suitable for determination without the full trial of the action; and 14/09/2022 11:16:48 WA-22NCvC-52-01/2020 Kand. 108 S/N r0cG4wt3f0i25W/dVqwxQ
b
such determination will finally determine the entire cause or matter or any claim or issue therein.
2
On such determination the Court may dismiss the cause or matter or make such order or judgment as it thinks just.
3
The Court shall not determine any question under this Order unless the parties have had an opportunity of being heard on the question.
4
The jurisdiction of the Court under this Order may be exercised by a Registrar.
5
Nothing in this Order shall limit the powers of the Court under Order 18, rule 19 or any other provisions of these Rules.
2
Manner in which applications under rule 1 may be made (O. 14A r. 2) An application under rule 1 may be made by a notice of application or, notwithstanding Order 32, rule 1, may be made orally in the course of any interlocutory application to the Court.
3
The Plaintiff and the Defendant are father and daughter and the dispute is with regards to a purchase of 1/3 of a land known as PN 14262 Lot 508 Seksyen 55 Bandar Kuala Lumpur Wilayah Persekutuan bearing an address of No. 25, Jalan Tun Sambanthan 4, Brickfields 50470, Kuala Lumpur (“the said land”).
4
The crux of the dispute in this case is whether the said land which is now registered in the name of the Defendant is held in trust for the Plaintiff. Order 14A S/N r0cG4wt3f0i25W/dVqwxQ
5
In the Court’s view Order 14A is only applicable if there are no serious dispute of facts and the matter can be resolved without a full trial on the interpretation of the law or on the construction of a document.
6
In this case although there is a Declaration of Trust and the Defendant in the Statement of Defense has admitted executing the Declaration of Trust, the Defendant has stated that the execution of the Declaration of Trust was a mere formality.
7
The Court in looking at the Statement of Defense rules that this case is not suitable to be disposed by way of Order 14A on the Defendant’s own contention that it is incumbent upon the Court to determine the actual intentions behind the various documents including the Declaration of Trust and the land transfer documents especially Form 14 of the National Land Code relied upon by the parties.
8
The intention of the parties can only be known on the oral testimony of the parties and whoever is present. It cannot be determined summarily.
9
In the upshot the Court dismissed the Defendant’s application to dispose of this case by virtue of Order 14A of the Rules with a cost of RM2,000 and has set this case down for a full trial. Dated: 13.9.2022 sgd DATO’ HAJI AKHTAR BIN TAHIR Judge High Court of Malaya, Kuala Lumpur S/N r0cG4wt3f0i25W/dVqwxQ PARTIES For the Plaintiff: Tetuan Noor Jihan Ghazali & Co No. 5-1 Jalan 46B/26 Taman Sri Rampai 53300 Kuala Lumpur For the Defendant: Tetuan Wan Juhrah & Co No. 5-1 Tingkat 1 Jalan 7/7A Seksyen 7 43650 Bandar Baru Bangi Selangor Darul Ehsan S/N r0cG4wt3f0i25W/dVqwxQ
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