KUALA LUMPUR: The ex-wife of former deputy prime minister Tun Abdul Ghafar Baba lost her lawsuit against a Tan Sri and his wife over a piece of land in Jelebu, Negri Sembilan.
High Court judge Justice Hue Siew Kheng dismissed the lawsuit filed by D. Heryati Abdul Rahim, 55, after hearing evidence from two witnesses.
Among others, Justice Hue ruled on Tuesday that since Heryati’s legal action was for breach of contract, it should have been filed within six years of when she discovered the alleged breach.
“By filing the lawsuit last year, the plaintiff has filed it out of time,” she said.
Justice Hue ordered Heryati to pay RM30,000 in costs to the couple, represented by Low Peck Lim and Ravin Woodhull.
Heryati’s lawyer M. Moghan said his client would appeal against the ruling.
“The court ruling means that she should have filed the lawsuit by 2011 because she discovered the alleged breach of contract in 2005,” he said.
Heryati filed a civil suit against developer Tan Sri Dr Lau Ban Tin and his wife Puan Sri Mary Lee Siew Cheng for alleged breach of contract to get back the land, which she claims is worth RM1mil.
In the suit filed in February last year, Heryati wanted the couple to pay damages for allegedly failing to transfer ownership of the land to her according to an agreement in 2000.
Heryati claimed that they had stated in the agreement that they would transfer ownership of the land to her and an individual grant would be issued later.
She said she was shocked to find out that Dr Lau had transferred the land to his name on Feb 19, 2004 and that Lee had signed as a company director over the transfer.
She said Dr Lau had later transferred ownership of the land to one Tengku Mohd Kamil B.T. Shahrudin Shah and Tengku Ramli Tengku Shahruddin Shah on April 16, 2013.
In their affidavit dated April 20 last year, the couple said Heryati had no legal right to initiate the claim as it was time barred.
They also contended that Heryati had been aware since 2006 that the land was transferred to Dr Lau on the instructions and consent of Ghafar, who died in April 2006.