Wan Shahrizal Bin Wan Ladin [WAN SHAHRIZAL, HARI & CO.] Puan Naizatul Zima binti Tajudin Penolong Penasihat Undang-Undang Negeri 1 [PEJABAT PENASIHAT UNDANG-UNDANG NEGERI]

Wan Shahrizal Bin Wan Ladin [WAN SHAHRIZAL, HARI & CO.] Puan Naizatul Zima binti Tajudin Penolong Penasihat Undang-Undang Negeri 1 [PEJABAT PENASIHAT UNDANG-UNDANG NEGERI]

The court allowed the defendants' strike out application because undisputed contemporaneous documentary evidence established that the land was validly acquired and compensation was offered and accepted (including allocation of a resettlement plot and additional payment), rendering the plaintiff's allegations based solely on the omission in Form E inherently inconsistent and legally unsustainable; alternatively the claim was barred by laches/Public Authorities Protection Act and the plaintiff lacked standing under the limited power of attorney.

Citation
24NCvC-846-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff (acting as Attorney for Heirs of Shuaib @ Shuib Bin Hussain): Yasak bin Ibrahim; Defendant 1: Pentadbir Pejabat Daerah Dan Tanah Daerah Barat Daya, Pulau Pinang; Defendant 2: Kerajaan Negeri Pulau Pinang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 October 2021
Case Number
24NCvC-846-09/2019 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Challenge Under Land Acquisition Act 1960 and Article 13 Constitution / Strike Out Application Under Order 18 Rule 19(1) (attachment 31) — Interlocutory Judgment
Outcome
Application allowed; plaintiff's originating action struck out
Legal Topics
Land Acquisition and Compensation, Validity of Acquisition Notices, Limitation and Laches, Standing (locus Standi), Order 18 Rule 19 Strike Out, Public Authorities Protection Act 1948
Source Language
Malay/English
Property Law Administrative Law Constitutional Law Civil Procedure Public Law Land Acquisition and Compensation Validity of Acquisition Notices Limitation and Laches +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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Yasak bin Ibrahim

Plaintiff (acting as Attorney for Heirs of Shuaib @ Shuib Bin Hussain)

Pentadbir Pejabat Daerah Dan Tanah Daerah Barat Daya, Pulau Pinang

Defendant 1

Kerajaan Negeri Pulau Pinang

Defendant 2

Procedural Posture

Land Acquisition Challenge Under Land Acquisition Act 1960 and Article 13 Constitution / Strike Out Application Under Order 18 Rule 19(1) (attachment 31) — Interlocutory Judgment

Legal Issues

  1. 1 Whether the acquisition of Lot 1597 (formerly Lot 520(1)) was valid under the Land Acquisition Act 1960
  2. 2 Whether omission of the lot number in Form E invalidated the acquisition
  3. 3 Whether contemporaneous documentary evidence establishes acceptance of compensation

Ratio Decidendi

The court allowed the defendants' strike out application because undisputed contemporaneous documentary evidence established that the land was validly acquired and compensation was offered and accepted (including allocation of a resettlement plot and additional payment), rendering the plaintiff's allegations based solely on the omission in Form E inherently inconsistent and legally unsustainable; alternatively the claim was barred by laches/Public Authorities Protection Act and the plaintiff lacked standing under the limited power of attorney.

Court Disposition

Application allowed; plaintiff's originating action struck out

Orders

  • Attachment 31 allowed (strike out application granted)
  • Originating claim/suit dismissed/struck out