Sabah, Sarawak, governed by unwritten/uncodified Malaysia Constitution

Nemo Dat Quod Non Habet


What is the legal principle of “nemo dat quod non habet”?

The old common law rule on Nemo Dat Quod Non Habet (‘no one can give what he has not’) is found in the English section 21(1) and in the equivalent Malaysian Sale of Goods Act 1957 section 27(1), the latter which states that: ‘Subject to this Act and for any law for the time being force, where goods are sold by a person who is not the owner thereof, and does not sell them under the authority or with consent of the buyer, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell.’

The rule means no one can transfer a better title than he himself has. Thus if goods are purchased from a person who is not the owner and who does not sell them under owner’s authority, the buyer does not acquire a title to any of the same notwithstanding that he has paid value for the same in good faith.

Hence, if Tom owns a pen and sells it to Dick, the latter obtains a good title of ownership.

However if the pen is thence stolen and the thief sells it to Harry, Harry would not get title to or ownership in the pen either because the thief did not have any title or ownership.

The pen would still be owned by Dick and he could claim it back from Harry. Thus the object of this rule is to protect the right of ownership, with the right of the original owner retained in event of his possession stolen and sold to an unsuspecting third party.

Both the unauthorized seller and the innocent purchaser many be sued for the tort of conversion which is a civil action against a person for dealing with goods of another inconsistent with that person’s ownership.,%204(5)7-14,%202014.pdf

Joe Fernandez

Conan Drum, what’s the point of getting into all these more than half a century later? That’s not the way forward.

Conan Drum

Joe Fernandez, Share your way forward?

Joe Fernandez

Conan Drum, the Way Forward is to take up Najib’s offer, before GE14, for devolution by way of delegating greater administrative powers to Sabah and Sarawak, bringing back local gov’t elections, taxes to be levied only at the local level, Federal gov’t to stop collecting taxes in Sabah and Sarawak and the state assemblies to Invoke Article VIII of MA63 for a new form of self-determination.

Details are in my blog . . . FernzTheGreat.

Conan Drum

Joe Fernandez, Thanks.

Posting history is intended to give a background & help to create a better understanding of what happened as there are a lot of very confused people out there.

Joe Fernandez

Conan Drum, Posting history confuses people even more. They think there’s no hope or they think we have to go to court on political issues.

Historical documents, including declassified documents, can support the unwritten/uncodified Malaysia Constitution.

The unwritten/uncodified Malaysia Constitution is based on the constitutional documents on Malaysia 16 Sept 1963 and the Federal Constitution.

Sabah and Sarawak are governed by the unwritten/uncodified Malaysia Constitution.

Read further here . . .

Click to access malaysiaendofempire.pdf

Putrajaya stop collecting taxes in Sabah, Sarawak.

It’s obvious the Committee discussions on MA63 probably realised the Federal gov’t was party to illegalities — read non-compliance — in Sabah and Sarawak.

Umno may share power in Malaya with DAP.

Generally, the principle in law is that we can sue anybody anywhere in the world provided the other side has a local address and/or property in the jurisdiction concerned.

Gov’ts are not immune.

The INTENTION behind sovereignty immunity was not to help cover up wrongdoing and being party to illegalities.

One day, the Sabah and Sarawak gov’ts will be able to sue the Malaysian gov’t and Petronas in overseas juridiction for plundering the oil and gas resources, among others, in the two Borneo states.

Umno may get 2nd Chance after kicking out Lee Kuan Yew, PAP and Singapore in 1965.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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