Saadiah binti Mohd Ali & Anor v Affida bin Ahmad

Court of Appeal · · Land & Property Law

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Saadiah binti Mohd Ali & Anor v Affida bin Ahmad
CourtCourt of Appeal
Judgment Date19 May 2025
Date Uploaded11 September 2025
Legal TopicsLand & Property Law
Parties

Appellant(s):

  • Saadiah Binti Ali
  • Mana-Mana Orang Yang Menghuni Secara Haram Tanah Yang Dipegang Bawah Hakmilik Hsm 5339 Pt 8540 Mukim Batu Daerah Kuala Lumpur Wilayah Persekutuan Kuala Lumpur

Respondent(s): Affida Binti Ahmad (Pentadbir Harta Pusaka Dan Estet Si Mati Che Mariah Binti Mohd Tahir)

Bench
  • YAA Datuk Hajah Azizah binti Haji Nawawi
  • YA Datuk Azimah binti Omar
  • YA Dato' Ahmad Fairuz bin Zainol Abidin
Facts & Background
  • The respondent, as administrator of a deceased's estate, initiated proceedings to recover land occupied by the appellants, who had constructed residential structures thereon.
  • The appellants claimed beneficial interest in the land, asserting a trust relationship based on a purported 1959 sale agreement and subsequent declarations made by previous owners.
  • The High Court allowed the respondent's claim and dismissed the appellants' counterclaim, leading to the present appeal.
Issues for the Court
  • Whether the appellants could establish a beneficial interest in the land sufficient to dislodge the registered proprietor's indefeasible title under the National Land Code.
  • Whether the respondent, as the registered administrator, held the land on an express or constructive trust for the appellants.
  • Whether the documentary evidence adduced by the appellants was authentic, reliable, and sufficient to prove their claims of beneficial interest and the existence of a trust.
Decision
  • The Court dismissed the appeal, affirming the High Court's decision that the appellants failed to establish any beneficial interest or trust over the land.
  • The Court upheld the principle of indefeasibility of title, finding that the appellants did not prove any exceptions under Section 340(2) of the National Land Code.
  • The Court ruled that the appellants' documentary evidence was unreliable and inadmissible, failing to meet the requisite evidentiary standards to prove their claims or the existence of a valid trust.
Link to JudgmentView Full Judgment

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