Ali Reza Ziba Halat Monfared & Anor v Chew Ben Ben & Ors [2023] MLJU 2233

HIGH COURT (KUALA LUMPUR)
JOHN LEE KIEN HOW @ MOHD JOHAN LEE J
SUIT NO WA-22NCvC-506-09 OF 2017
1 September 2023

GROUNDS OF JUDGMENT

(After Trial)Introduction

[1]  Manoj Singh (“2nd Plaintiff”) came to know that a property of Ali Reza (“1st Plaintiff”) in Ampang, Kuala Lumpur was transferred to Chew Ben Ben (1st Defendant) and his wife Zhao Tong (“2nd Defendant”) witnessed by Kevin Sathiaseelan (“3rd Defendant”). The 1st Plaintiff had also, allegedly, given a power of attorney appointing Dato’ Syed Alwi (“4th Defendant”) as his attorney. Dissatisfied with this, the 2nd Plaintiff in his own capacity and on behalf of the 1st Plaintiff then filed a suit (“this Action”) against all the Defendants claiming that he has the valid power of attorney of the 1st Plaintiff. He also alleged that without his involvement, the transfer perfected was invalid.

[2]  From the time this Action was filed up until the date of this grounds of judgment, the Plaintiff, an Iranian national, has been serving time in an Iranian jail. The 1st Plaintiff had previously spent sometimes in Malaysia and was bestowed a datukship during the time here. This judgment is delivered after the full trial conducted pertaining to this Action in which the 2nd Plaintiff alleged that the Defendants had committed fraud and conspiracy to injure.