ABDUL LATIFF BIN PUTEH & 347 YANG LAIN 1. ) Pentadbir Tanah Jajahan Pasir Mas 2. ) Kerajaan Negeri Kelantan

ABDUL LATIFF BIN PUTEH & 347 YANG LAIN 1. ) Pentadbir Tanah Jajahan Pasir Mas 2. ) Kerajaan Negeri Kelantan

The Federal Court held that the appellants, on the pleaded facts, established a reasonable cause of action raising real issues of law and fact (including the applicability of Act 530 and whether equitable or proprietary rights arose from long occupation and cultivation) and therefore the strike‑out was improper; the High Court and Court of Appeal orders were set aside and the matter remitted for full trial.

Citation
01(i)-21-05/2022(D) (Mahkamah Persekutuan)
Parties
Appellants: Abdul Latif bin Puteh & 347 Orang Lagi; First Respondent: Pentadbir Tanah Jajahan Pasir Mas; Second Respondent: Kerajaan Negeri Kelantan; Third Defendant: Hashimah binti Zakariya (Perniagaan Mazlan & Hashimah); Fourth Defendant: Mohd Izwan bin Mazlan (Perniagaan Mazlan & Hashimah); Fifth Defendant: Mazlan bin Hamzah (Perniagaan Mazlan & Hashimah)
Court
i
Jurisdiction
Malaysia
Judgment Date
28 September 2022
Case Number
01(i)-21-05/2022(D) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal to the Federal Court From Strike‑out Orders Below / Leave Granted Under S96(a) Courts of Judicature Act 1964; Interlocutory Strike‑out Set Aside and Remitted to High Court for Full Trial
Outcome
Appeal allowed; decisions of the High Court and Court of Appeal set aside; matter remitted to the High Court for full trial; costs awarded to appellants.
Legal Topics
Group Settlement Act (act 530), National Land Code Section 5 (fixtures/trees), Ownership of Planted Crops/trees, Locus Standi, Res Judicata, Striking Out for Being 'obviously Unsustainable'
Source Language
Malay/English
Land Law Property Law Equity Civil Procedure Administrative Law Group Settlement Act (act 530) National Land Code Section 5 (fixtures/trees) Ownership of Planted Crops/trees +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Abdul Latif bin Puteh & 347 Orang Lagi

Appellants

Pentadbir Tanah Jajahan Pasir Mas

First Respondent

Kerajaan Negeri Kelantan

Second Respondent

Hashimah binti Zakariya (Perniagaan Mazlan & Hashimah)

Third Defendant

Mohd Izwan bin Mazlan (Perniagaan Mazlan & Hashimah)

Fourth Defendant

Mazlan bin Hamzah (Perniagaan Mazlan & Hashimah)

Fifth Defendant

Procedural Posture

Civil Appeal to the Federal Court From Strike‑out Orders Below / Leave Granted Under S96(a) Courts of Judicature Act 1964; Interlocutory Strike‑out Set Aside and Remitted to High Court for Full Trial

Legal Issues

  1. 1 Whether Group Settlement Act (Act 530) and NLC s5 apply to lands in KRBT
  2. 2 Whether equitable principles can give participants rights over trees planted in group settlement areas
  3. 3 Whether invited participants/settlers who cultivated and funded planting have proprietary or compensatory rights in rubber trees

Ratio Decidendi

The Federal Court held that the appellants, on the pleaded facts, established a reasonable cause of action raising real issues of law and fact (including the applicability of Act 530 and whether equitable or proprietary rights arose from long occupation and cultivation) and therefore the strike‑out was improper; the High Court and Court of Appeal orders were set aside and the matter remitted for full trial.

Court Disposition

Appeal allowed; decisions of the High Court and Court of Appeal set aside; matter remitted to the High Court for full trial; costs awarded to appellants.

Orders

  • Set aside the orders of the High Court and the Court of Appeal
  • Remit the case to the High Court for a full trial