YOKE SAN & ORS v. PENTADBIR TANAH, WILAYAH PERSEKUTUAN KUALA LUMPUR & ORS

YOKE SAN & ORS v. PENTADBIR TANAH, WILAYAH PERSEKUTUAN KUALA LUMPUR & ORS

The 2nd-16th defendants failed to prove any proprietary or equitable interest in the scheduled land; permissive use of the service road and parking bays constituted at best a tenancy at will and did not make them "persons interested" under the Land Acquisition Act 1960; therefore their objections were null and void and the compensation deposited into court should be released to the registered proprietors (plaintiffs).

Citation
YOKE SAN & ORS v. PENTADBIR TANAH, WILAYAH PERSEKUTUAN KUALA LUMPUR & ORS
Parties
Plaintiff (registered Proprietors): Yoke San & Ors; 1st Defendant: Pentadbir Tanah, Wilayah Persekutuan Kuala Lumpur (Land Administrator); 2nd 16th Defendants: 2nd-16th Defendants (purchasers/owners of buildings on Lot 3910)
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Land Acquisition; Declaration and Recovery of Compensation / High Court Judgment on Originating Summons
Outcome
Court granted plaintiffs' declaration; objections filed by 2nd-16th defendants dated 28 June 2002 against the award of 17 May 2002 declared null and void; amount paid into court to be released to plaintiffs; 2nd-16th defendants to pay costs; no order as to costs against 1st defendant.
Legal Topics
Compensation, Injurious Affection, Person Interested Under Land Acquisition Act, Beneficial/equitable Interest, Tenancy at Will, Deposit of Compensation Into Court
Source Language
en
Land Law Compulsory Acquisition Equity Compensation Injurious Affection Person Interested Under Land Acquisition Act Beneficial/equitable Interest Tenancy at Will +1 more

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Parties

Yoke San & Ors

Plaintiff (registered Proprietors)

Pentadbir Tanah, Wilayah Persekutuan Kuala Lumpur (Land Administrator)

1st Defendant

2nd-16th Defendants (purchasers/owners of buildings on Lot 3910)

2nd 16th Defendants

Procedural Posture

Land Acquisition; Declaration and Recovery of Compensation / High Court Judgment on Originating Summons

Legal Issues

  1. 1 Whether the 2nd-16th defendants had locus as "persons interested" under s.2 Land Acquisition Act 1960 and thus entitlement to share in compensation
  2. 2 Whether the 2nd-16th defendants had an equitable or proprietary interest in the scheduled land (service road and parking bays) sufficient to claim compensation for injurious affection
  3. 3 Whether the Land Administrator was required to refer objections to the court and whether deposit into court was proper

Ratio Decidendi

The 2nd-16th defendants failed to prove any proprietary or equitable interest in the scheduled land; permissive use of the service road and parking bays constituted at best a tenancy at will and did not make them "persons interested" under the Land Acquisition Act 1960; therefore their objections were null and void and the compensation deposited into court should be released to the registered proprietors (plaintiffs).

Court Disposition

Court granted plaintiffs' declaration; objections filed by 2nd-16th defendants dated 28 June 2002 against the award of 17 May 2002 declared null and void; amount paid into court to be released to plaintiffs; 2nd-16th defendants to pay costs; no order as to costs against 1st defendant.

Orders

  • Declaration that objections by 2nd-16th defendants dated 28 June 2002 are null and void
  • Order that the sum of RM3,086,888.60 paid into court by the 1st defendant be released to the plaintiffs