The Federal Court here today granted leave to the late Tun Ghaffar Baba's ex-wife to appeal against a decision by the Court of Appeal in a suit she filed against a married couple for breach of contract over a piece of land in Jelebu, Negeri Sembilan.
A panel of three judges, led by Chief Justice Tan Sri Md Raus Sharif , also allowed D Heryati Abdul Rahim, represented by lawyer Datuk Harpal Singh Grewal, to submit two questions on points of law in the appeal.
Sitting with Md Raus were Chief Judge of Malaya Tan Sri Ahmad Maarop and Federal Court judge Tan Sri Abu Samah Nordin.
Heryati, 55, applied for leave to appeal against the Court of Appeal's decision, made on March 8, in dismissing her appeal against a High Court's decision which dismissed her lawsuit against the couple.
The Court of Appeal dismissed her appeal on grounds that there was no appealable error in the High Court judge's grounds of judgment warranting the appellate court's intervention.
On April 26 last year, the Kuala Lumpur High Court dismissed her lawsuit against the couple, developer Tan Sri Lau Ban Tin and wife, Puan Sri Mary Lee Siew Cheng, for alleged breach of contract over the land, which she claimed was worth RM1 million
The High Court judge, Datuk Hue Siew Keng, ruled that Heryati's lawsuit was filed out of time, as it should have been filed within six years from the time the contract was allegedly breached in 2005, instead of filing it in 2015.
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 defendants at RM300,000.
Heryati claimed the transaction did not include sale of the land in Jelebu (owned by the company), and that ownership should have been transferred to her as soon as the individual grant was issued.
She said that based on official land office records, the land was transferred to Lau on Feb 19, 2004, and on April 16, 2013, to Tengku Ramli Tengku Mohd Kamil.
She demanded that Lau return ownership of the land, or alternatively pay her damages amounting to RM1 million.
In their affidavit-in-reply, dated April 20, 2015, the couple , represented by lawyer Law Peck Lim, said Heryati had no legal right to initiate the claim as it was time barred.
-- BERNAMA
Bernama
Thu Jul 13 2017
She demanded that Lau return ownership of the land, or alternatively pay her damages amounting to RM1 million.
The scamdemic targeting the young and vulnerable
Teenagers and young adults are becoming prime targets for a new wave of cyber scams, a trend raising alarm bells across Southeast Asia.
Japanese manicurist takes on plastic pollution, one nail at a time
Before global leaders address plastic pollution, a Japanese manicurist highlights the issue by incorporating it into her nail designs.
What to watch for ahead of US presidential inauguration
Here's a timeline of events between now and inauguration day.
The battle to reduce road deaths
In Malaysia, over half a million road accidents have been recorded so far this year.
Pro-Palestinian NGOs seek court order to stop Dutch arms exports to Israel
The Dutch state, as a signatory to the 1948 Genocide Convention, has a duty to take all reasonable measures at its disposal to prevent genocide.
How quickly can Trump's Musk-led efficiency panel slash US regulations?
Moves by Trump and his appointees to eliminate existing rules will be met with legal challenges, as many progressive groups and Democratic officials have made clear.
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.