HIGH COURT (KUALA LUMPUR)
NADZARIN WOK NORDIN JC
SUIT NO D-22-306 OF 2009
3 November 2020
GROUNDS OF JUDGMENT
(Enclosure 29)
[1] Before me, the Plaintiff, Loh Meng Keong (Plaintiff) has filed an application under enclosure 29 (Enclosure 29) for inter alia the following:
- a)the 2nd defendant, one Syed Mustaffa bin Syed Abdullah (D2) be ordered to transfer the property known as Lot A143 held under HS(D) 9547 PT No. 13170 Mukim Bentong, Negeri Pahang (Property) within 7 days from date of order;
- b)D2 be ordered to surrender the Issue Document of Title (IDT) of the Property after the memorandum of transfer has been effected within 14 days of the order;
- c)that a penal notice be endorsed to the Consent Judgment dated 21.5.2010 (Consent Judgment); and
- d)Costs
[2] The grounds on which Enclosure 29 is based are as follows:
- a)the application is made pursuant to Order 42 Rule 6(2) of the Rules of Court 2012
- b)from 2015 to-date D2 had failed, refused and/or neglected to cause the transfer of the Property to the Plaintiff or his Executors
- c)D2 had taken advantage to delay or not to comply with the Consent Judgment as the Consent judgment did not state a time period for the transfer of the property to the Plaintiff or his Executors.
[3] Prayer a and b are however now redundant as the said IDT has been surrendered and the parties are making the necessary process for the transfer of the Property to the Plaintiff’s Executor. Accordingly, the Plaintiff is now only seeking for prayers 3 & 5 in Enclosure 29 i.e for a penal notice be endorsed to the Consent Judgment and costs.