TEKAD URUS SDN BHD (AS THE ATTORNEY FOR KCSB KONSERTIUM SDN BHD) V PENDUDUK YANG MENDUDUKI KAWASAN YANG DIPANGGIL DESA PERWIRA DAN LAIN-LAIN [2004] 2 MLJ 306

TEKAD URUS SDN BHD (AS THE ATTORNEY FOR KCSB KONSERTIUM SDN BHD) V PENDUDUK YANG MENDUDUKI KAWASAN YANG DIPANGGIL DESA PERWIRA DAN LAIN-LAIN


[2004] 2 MLJ 306


CIVIL APPEAL NO J–02–824 OF 2002
COURT OF APPEAL (KUALA LUMPUR)
DECIDED-DATE-1: 10 MARCH 2004
ALAUDDIN, MOHD GHAZALI AND ARIFIN JAKA JJCA

 

Facts of the case

This appeal arose from the dismissal of the appellant’s application for a summary order pursuant to O 89 of the Rules of the High Court 1980 (‘the RHC’) in respect of a piece of land held under Lot 1876, Pajakan No 648, Mukim Plentong, Daerah Johor Bahru (‘the subject land’). The subject land, which was originally registered in the name of the Federal Land Commissioner was transferred to KCSB Konsortium Sdn Bhd (‘KCSB’) for the purpose of a mixed development project. KCSB in turn appointed the appellant as its attorney to carry out all the developments pertaining to the project. The appellant was unable to proceed with the project as a substantial part of the subject land was, according to the appellant, illegally occupied by the respondents. The High Court dismissed the appellant’s application under O 89 of the RHC and held that there were issues to be tried. The respondents had also written to the Ketua Pengarah Tanah Persekutuan, who was the original registered owner, asking for permission to be allowed to remain in occupation of the subject land while at the same time informing the Ketua Pengarah that they were already in occupation of the subject land since 1988. The issue before the High Court was whether the respondent’s continued occupation of the subject land made them ‘squatters simpliciter’ because no consent or licence was obtained by them from the registered owner, whether past or present.

Meanings of the underlined words.

summary order perintah terus
in respect of berkenaan dengan
pertaining to berkaitan dengan
substantial besar
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