PROHIBITORY ORDER

BY
NUR FARHANA ABDUL KARIM LEB 120075
 Terminology

‘Judgment debt’: a court judgment obtained by the

‘judgment creditor’ to claim a debt from the ‘judgment
debtor’. A judgment creditor is legally entitled to
enforce the debt with the assistance of the court
including the seizure of property.
 Definition

 Sec 334 NLC- where land or a n interest in land

held by a judgment debtor is to be sold in execution
proceedings, an order made by a court prohibiting
judgment debtor from effecting any dealing as
specified in order
When PO is obtained?
Application by a judgment creditor by way of writ of seizure and sale against the land
under Order 47 Rule 6, Rules of the High Court 1980

Issue of PO by court restraining any dealing on the land/interest

Be effective when it is entered by the Registrar on the RDT under S 335(2) NLC.

Sale to be made after the expiration of 14 days of the registration of PO on

RDT- RHC, Order 47 Rule 7(a)
See Standard Chartered Bank v Yap Sing Yoke & Ors
 Duration of PO

 S 338 – 6 months
 S 338(1)- Can be extended through application by
the JC. (effective as the copy presented before the
PO lapsed of time- 338(2)
 Effects of PO

Section 336
(1)PO prohibits registration or entry of:
-any instrument of dealing except a certificate of sale
-any TER
-any LH’s caveat (if entered prior to PO, does not
prohibit- 336(3)
 Principle

 A JC can only take whatever interest the JD has in

the land and not against any interest in the land
which the JD has already parted with.

-Karuppiah Chettiar v Subramaniam

-Meriam by Yaacob & Ors v Shell Malaysia Trading
- Chua Hee Hung & Ors v QBE Supreme Insurance Bhd