With reference to the above decision and other relevant decisions of the courts as well as relevant statutory provisions explain and discuss your opinion is the effect of section 6 of the Civil Law Act 1956. (25 marks) The Malaysian Torrens system as embodied and codified in the National Land Code 1965 is a system of registration of tiles which was designed to provide simplicity and certitude (Oh Hiam v Tham Kong) and is totally different land law system from that in England. Under the Torrens system, the register is everything (Teh Bee v Maruthamuthu). In safeguarding the Torrens systems, section 6 of the Civil Law Act 1956 (CLA) prohibits the reception of the law of England in relation to tenure, conveyancing, assurance or succession to any immovable property or any estate, rights or interest therein. Though the section was devised to met its purpose, the court in Wilkins v Kannamal held that the Torrens system is a system of conveyancing; it does not abrogate the rules of equity. Section 3 of CLA allows the general reception of English equity in cases where there is lacuna in the local law and where the application of English equity is suitable to local circumstances.
In the case Devi v Francis, the appellant occupied that part of the respondent’s land on which stood a house owned by the appellant. The appellant had commenced occupation of the said house after the purchase of the same from the respondent’s mother and subsequently the purchase was incorporated in an agreement. The respondent gave notice and claimed possession of the ground on which the house was erected. The court applied the principles of equitable estoppel and rejected the contention by the counsel for the respondent that English equity was not applicable to land matters in Malaysia in view of the section 6 of CLO. Further, the Lordship held that the land law of England is one thing and equity another matter and it is expressly provided in section 3(1) of the same Ordinance that the...
Please join StudyMode to read the full document