JCW

[Dispute as to land boundaries and measurement- National Land Code- provisional title & Final Title] Justin, Alvin & Pei Sin were the counsel for the 4th Appellant. This case is about the competing claims on the area/size of lands by reason of the measurement by the authorities in respect of Qualified Titles of Land and the subsequent issuance of a Final Title. The Court of Appeal in allowing the Appeal held amongst others as follows : (i) Discussed the law and provisions relating to the Qualified Title and Final Title and held that the indefeasibility of a registered proprietor's title would only become fully operative upon the issuance of final title as provided in Section 92(1) of the National Land Code (ii)In view of the specific remedy under Section 84 of the NLC, the learned JC of the High Court erred in ordering a resurvey by the 3rd Appellant of the whole of Lots PT1 and PT853 notwithstanding the finality of the approved plan by the  Director of Survey and Mapping for the purpose of issuance of Final Title. Nowhere in the NLC or any other law that in carrying out the Final Survey is there any requirement to take into consideration the date of the alienation of land concerned (iii) Pursuant to Section 83 (4) of the NLC, persons to whom the land is alienated under NLC are barred from making any claim against the State Authority on the ground that there is a shortfall in the land area (iv) As for the 4th Appellant ( owner of Lot PT1), the learned JC erred in principle in not appreciating that the Respondent's claim against the 4th Appellant had been struck out on the merits before the Trial began and there should not be any relief granted against the 4th Appellant i.e. the doctrine of res judicata applies. (v) The 4th Appellant had not been heard on the reliefs/ remedies and it is settled law that being no longer a party in the instant suit, any order or rectification of the Land Register should not deprive them of their land which they purchased bona fide and not order should be made affecting them adversely, in their without being given the opportunity of being hear or defend themselves. (vi) The doctrine of res judicata also applies between different stages of the same litigation (vii) The Final Title obtained by the 4th Appellant cannot be set aside or impeached save in the limited circumstance provided in Section 340(2) NLC.