SAFIE BIN JANTAN v ZAITON BINTE ADOM & Anor

[2023] SGHC(A) 8 High Court (Appellate Division) 8 February 2023 AD/CA 107/2021 · AD/CA 108/2021

2 cases cited

Outcome

Appeal dismissed

“We dismiss the appeals, AD 107 and AD 108.”

Source: [2023] SGHC(A) 8, High Court (Appellate Division), decided 8 February 2023. Read directly from the judgment.

Key facts

Court	High Court (Appellate Division)
Decided	8 February 2023
Judges	Aedit Abdullah, Debbie Ong Siew Ling, Quentin Loh Sze-On
Charges / claim	Trusts, Restitution, Family Law, Muslim Law
Outcome	Appeal dismissed
Counsel	A C Syed & Partners, A Mohamed Hashim, M Shafiq Chambers LLC, Chishty Syed Ahmed Jamal, Mohamed Hashim bin Abdul Rasheed, Mohammad Shafiq bin Haja Maideen, Sofia Bakhash

Source: [2023] SGHC(A) 8, High Court (Appellate Division), decided 8 February 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Trusts — beneficiaries Restitution — Unjust enrichment Family Law — Ancillary powers of court Muslim Law — Syariah Court — Jurisdiction Family Law — Muslims — Issues within jurisdiction of civil court

Practice Areas

Trusts Restitution Family Law Muslim Law

Judges (3)

Aedit Abdullah Coram Debbie Ong Siew Ling Delivered

Quentin Loh Sze-On Coram

Counsel (7)

A C Syed & Partners Firm A Mohamed Hashim Firm M Shafiq Chambers LLC Firm Chishty Syed Ahmed Jamal Counsel for the appellant Mohamed Hashim bin Abdul Rasheed Counsel for the appellant Mohammad Shafiq bin Haja Maideen Counsel for the respondent Sofia Bakhash Counsel for the appellant

Parties (3)

Nafsiah bte Wagiman Respondent

Safie bin Jantan Appellant

Zaiton binte Adom Respondent

Case Significance

Safie bin Jantan v Zaiton bte Adom and another and another appeal [2023] SGHC(A) 8 was an ex tempore judgment delivered in the Appellate Division of the High Court on 8 February 2023, in Civil Appeals Nos 107 and 108 of 2021, before Debbie Ong Siew Ling JAD, Aedit Abdullah J and Quentin Loh Sze-On SJ, with Debbie Ong Siew Ling JAD delivering the judgment. The court dismissed the appeals in AD 107 and AD 108. Mr Safie bin Jantan married Ms Nafsiah bte Wagiman in 1985 and divorced in 2018, then married Ms Zaiton binte Adom in 2019. In 2015, at Safie's request, Zaiton handed him a cheque and a cashier's order made out to "CPF" and "CPF BOARD" totalling $205,359.80, which Safie passed to Nafsiah, who deposited the moneys into her CPF account on his instructions and later withdrew $125,717.15.

Summary

These cross-appeals involved Mr Safie bin Jantan, his present wife Ms Zaiton binte Adom, and his ex-wife Ms Nafsiah bte Wagiman, arising from a dispute over moneys totalling $205,359.80 provided by Ms Zaiton that were deposited into Ms Nafsiah's CPF account and partly used to repay a loan on a matrimonial flat. The issues spanned civil and Syariah Court jurisdiction, unjust enrichment and trusts. The Appellate Division dismissed both appeals, ordered no costs between Mr Safie and Ms Zaiton, and ordered each to pay $15,000 to Ms Nafsiah.

What did the court decide in Safie bin Jantan v Zaiton binte Adom [2023] SGHC(A) 8?

The Appellate Division of the High Court, in an ex tempore judgment delivered by Debbie Ong Siew Ling JAD on 8 February 2023, dismissed the appeals in AD/CA 107/2021 and AD/CA 108/2021. The catchwords cover trusts, unjust enrichment, and Syariah Court jurisdiction.

What was the factual background in [2023] SGHC(A) 8?

In 2015, Zaiton binte Adom handed Safie bin Jantan a cheque and cashier's order made out to "CPF" and "CPF BOARD" totalling $205,359.80. Safie passed them to his then-wife Nafsiah bte Wagiman, who deposited the moneys into her CPF account and later withdrew $125,717.15.