Chargors & Chargees – The Clock Is Ticking

Case Update: Thameez Nisha Hasseem v Maybank Allied Bank Berhad [2023] 4 MLJ 145, Federal Court

In a recent judgment dated 28 February 2023, the Federal Court provided a much welcome clarification on the applicability of Section 21 of the Limitation Act 1953 in applications for orders for sale of charged property under Section 256 of the National Land Code ("NLC"). 6 questions of law were argued before the Court and this update focuses on 2 main issues:

1. The application of the 12 year limitation period to charge actions; and
2. The legal effect of the limitation period.

A. Brief Facts

The Appellant, Thameez is the administrator of the estate of Bee Fathima, the deceased who had granted power of attorney to one Charijah to manage the land of the deceased ("the land").