General & Misc

Federal Court dismisses Appeal by Tun Ghafar's Ex-Wife over Piece of Land

Date: 15 May 2019; Type: Legal News; Source: Bernama

PUTRAJAYA, May 15 (Bernama) - The ex-wife of the late Tun Ghafar Baba lost her appeal in the Federal Court in her lawsuit she filed against a property developer and his wife over a piece of land in Jelebu, Negeri Sembilan.

In delivering the court's decision, Court of Appeal president Tan Sri Ahmad Maarop said D Heryati Abdul Rahim's cause of action was a breach of contract and not a claim for recovery of land as alleged by her.

He said the limitation period to file a breach of contract lawsuit was six years from the time the alleged contract was breached.

Heryati's lawsuit was time-barred, he said, as it was filed in 2015 which was more than six years.

Justice Ahmad dismissed Heryati's appeal and ordered her to pay RM30,000 in costs to the respondents, Tan Sri Lau Ban Tin and his wife, Puan Sri Mary Lee Siew Cheng.

He said when Heryati, through her solicitors, issued a letter of demand in 2014 to the respondents, she knew the land was transferred to Tengku Mohd Kamil Tengku Shahrudin Shah and Tengku Ramli Tengku Shahrudin.

Justice Ahmad said Heryati had agreed that she did not do anything from 2006 to 2014 as she was waiting for the respondents to fulfil their undertaking to transfer the land to her.

"Despite this, when she filed her claim she did not cite Tengku Mohd Kamil and Tengku Ramli as parties. If she wanted the land she should have sued Tengku Mohd Kamil and Tengku Ramli. She did not do so," he said.

The decision was delivered by the remaining four judges comprising Justice Ahmad, Federal Court judges Tan Sri Ramly Ali, Tan Sri Azahar Mohamed and Datuk Alizatul Khair Osman Khairuddin as provided under Section 78 of the Courts of Judicature Act 1964, as Federal Court judge Tan Sri Aziah Ali had retired.

In her suit filed on Feb 5, 2015, Heryati alleged that the couple failed to transfer ownership of the eight hectares of land in Jelebu to her, based on an agreement made on June 20, 2000.

She claimed that at the time, she was still the wife of the former deputy prime minister and co-owned shares with him in the company, Zamrudvest Sdn Bhd, which operated a franchise under ‘EON Dealers and Franchise’.

She claimed that around the year 2000, she and Ghafar decided to sell the business to the couple at RM300,000.

Heryati alleged that the transaction did not include sale of the land in Jelebu (owned by the company), and that the ownership should have been transferred to her as soon as the individual grant was issued.

She said that based on the official Land Office records, the land was transferred to Lau and subsequently to Tengku Ramli and she demanded the respondents to transfer ownership, or alternatively pay her damages amounting to RM1 million.

She lost her claim both in the High Court in 2016 and in the Court of Appeal in 2017. The High Court had held that her lawsuit was filed out of time as she should have filed within six years from the time the contract was allegedly breached in 2005.

MY Bernama

Asean LIP works with Bernama to bring you the latest Malaysian legal news. Bernama is the national news agency of Malaysia. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or Bernama. Neither the Publishers nor Bernama will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and Bernama also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

18 Items listed under Festive Season Price Control Scheme for Aidilfitri, Gawai

KUCHING, May 22 (Bernama) - The Ministry of Domestic Trade and Consumer Affairs has listed 18 items under the Festive Season Price Control Scheme (FSPCS) in conjunction with Aidilfitri and 14 items for Gawai Dayak which will be celebrated in June.

Read More

INDUSTRY UPDATES

Phone Call not from Officer or Staff of Penang Courts - Chief Registrar's Office

PUTRAJAYA, May 21 (Bernama) - The Federal Court Chief Registrar’s Office (PKPMP) has denied an individual’s claim about receiving a phone call from an officer or employee of the Penang courts.

Read More

INDUSTRY UPDATES

No Freeze in Intake of Foreign Workers - Ministry

KUALA LUMPUR, May 18 (Bernama) - The Human Resources Ministry has clarified that there is no freeze in the recruitment of foreign workers although many applications to bring in workers have been rejected for non-compliance with the law.

Read More

INDUSTRY UPDATES

Actions against those who tarnish Judiciary's Image, Dignity, says CJ

PUTRAJAYA, May 17 (Bernama) - Actions will be taken against those who tarnish the judiciary's image and dignity, says Chief Justice Datuk Tengku Maimun Tuan Mat.

Read More

INDUSTRY UPDATES

Right Decisions only Way for Judiciary to recover Glory - Attorney General

PUTRAJAYA, May 17 (Bernama) - Attorney-General Tommy Thomas says judges must always endeavour to make the right decisions, without fear or favour, and regardless of the personality of the party or the accused before them.

Read More

INDUSTRY UPDATES

Transport Ministry makes it More Flexible for e-hailing Drivers to obtain PSV Licence

KUALA LUMPUR, May 17 (Bernama) - The Ministry of Transport is willing to make it easier for e-hailing drivers to clock in the six hours of course time to obtain a Public Transport Vehicle (PSV) licence.

Read More

INDUSTRY UPDATES

RM1.56 Mln Fine on Poachers, highest so far for Wildlife Crimes

PUTRAJAYA, May 17 (Bernama) - The Kuala Terengganu Sessions Court's decision to fine RM1.56 million each on two Vietnamese poachers has been the highest amount so far for wildlife crimes in the country's history, said Water, Land and Natural Resources Minister Dr Xavier Jayakumar.

Read More

INDUSTRY UPDATES

Adib Inquest: Lawyer grills Forensics Expert on 'Probability Report'

SHAH ALAM, May 16 (Bernama) - A lawyer questioned the ‘probability report’ of a specialist medical witness in the inquest into the death of Muhammad Adib Mohd Kassim, that injuries to the right chest of the firefighter were caused by a curb or road shoulder.

Read More

INDUSTRY UPDATES

Government agrees to appoint a Youth to represent them in the Senate

BANGI, May 15 (Bernama) - Prime Minister Tun Dr Mahathir Mohamad announced that the government has agreed to appoint a member of the Senate from among the youths with wide expertise and knowledge in the field and issues on the development of youths.

Read More

INDUSTRY UPDATES

MoF sets up Debt Management Office

KUALA LUMPUR, May 15 (Bernama) - The Ministry of Finance has set up the Debt Management Office (DMO) to review and manage the government’s debt and liabilities.

Read More

INDUSTRY UPDATES

Universities, Industry Players to join forces for IR 4.0

GEORGE TOWN, Apr 29 (Bernama) - The joint forces of the brains in the universities and the capacity and capabilities of key industries will make a change for a better world through the Fourth Industrial Revolution (IR 4.0), said Universiti Sains Malaysia (USM) vice-chancellor Prof Dr Asma Ismail.

Read More

INDUSTRY UPDATES

BNM appoints Two External Members to Monetary Policy Committee

KUALA LUMPUR, Apr 29 (Bernama) - Bank Negara Malaysia (BNM) has reappointed Professor Dr Yeah Kim Leng and appointed Datuk Dr Gan Wee Beng as external members of its Monetary Policy Committee (MPC) effective April 1, 2019.

Read More

INDUSTRY UPDATES

Those given Trust, Power should Build a better Nation Based on Rule of Law - Sultan Nazrin

KUALA LUMPUR, Apr 25 (Bernama) - The Sultan of Perak, Sultan Nazrin Shah said those given the trust, power and position, now have the opportunity to build a better Malaysia based on the rule of law.

Read More

INDUSTRY UPDATES

King decides High Court Registry Location on Advice of PM - Sabah Law Society

KOTA KINABALU, Apr 25 (Bernama) - The principal registry of the High Court of Sabah and Sarawak can be relocated to any place in Sabah or Sarawak as determined by the Yang di-Pertuan Agong acting on the advice of the prime minister, the Sabah Law Society (SLS) said today.

Read More

INDUSTRY UPDATES

Mobile Application on Labour Market Information Launched

PUTRAJAYA, Apr 23 (Bernama) - Information on Malaysia's labour market is now available at the fingertips with the launch of a new mobile application, Labour Market Information Gateway or LMI Gateway today.

Read More