KL CITY GATEWAY SDN. BHD. (Dikenali sebelum ini sebagaRITZY GLOSS SDN BHD 1. ) Md Shafie Bin Dikir 2. ) Rohani Binti Dikir 3. ) Ghazali Bin Dikir 4. ) Sharil Bin Dikir 5. ) Muhamad Iskandar Bin Dikir 6. ) Kl City Gateway Sdn. Bhd. (Dikenali

KL CITY GATEWAY SDN. BHD. (Dikenali sebelum ini sebagaRITZY GLOSS SDN BHD 1. ) Md Shafie Bin Dikir 2. ) Rohani Binti Dikir 3. ) Ghazali Bin Dikir 4. ) Sharil Bin Dikir 5. ) Muhamad Iskandar Bin Dikir 6. ) Kl City Gateway Sdn. Bhd. (Dikenali

A registered proprietor who holds indefeasible title following completion of land acquisition and subsequent alienation may invoke Order 89 to obtain possession from occupiers who remain without the proprietor's licence or consent; where acquisition steps (Form H, Form K, issuance of new titles) are completed and no triable issue is raised, summary judgment for possession is appropriate.

Citation
WA-24NCvC-2539-07/2024 (Mahkamah Tinggi)
Parties
Applicant / Registered Proprietor: KL CITY GATEWAY SDN. BHD. (formerly Ritzy Gloss Sdn Bhd); Respondents / Occupiers: Respondents (including 179 occupiers of the subject land)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2025
Case Number
WA-24NCvC-2539-07/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under Order 89 Rules of Court 2012 for Possession/eviction / Judgment on Originating Summons (application Heard and Decided)
Outcome
Applicant's originating summons under Order 89 allowed; possession ordered and costs awarded
Legal Topics
Order 89 Rules of Court 2012, Land Acquisition Act 1960, National Land Code (indefeasibility), Possession and Eviction, Summary Judgment Principles
Source Language
Malay/English
Land Law Civil Procedure Compulsory Acquisition Law Order 89 Rules of Court 2012 Land Acquisition Act 1960 National Land Code (indefeasibility) Possession and Eviction Summary Judgment Principles

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Parties

KL CITY GATEWAY SDN. BHD. (formerly Ritzy Gloss Sdn Bhd)

Applicant / Registered Proprietor

Respondents (including 179 occupiers of the subject land)

Respondents / Occupiers

Procedural Posture

Originating Summons Under Order 89 Rules of Court 2012 for Possession/eviction / Judgment on Originating Summons (application Heard and Decided)

Legal Issues

  1. 1 Whether a registered proprietor may apply under Order 89 to evict occupiers who received compensation under the Land Acquisition Act 1960
  2. 2 Whether the Applicant satisfied the requirements of Order 89 r.3(1)
  3. 3 Whether there are any triable issues preventing summary disposal

Ratio Decidendi

A registered proprietor who holds indefeasible title following completion of land acquisition and subsequent alienation may invoke Order 89 to obtain possession from occupiers who remain without the proprietor's licence or consent; where acquisition steps (Form H, Form K, issuance of new titles) are completed and no triable issue is raised, summary judgment for possession is appropriate.

Court Disposition

Applicant's originating summons under Order 89 allowed; possession ordered and costs awarded

Orders

  • Vacant possession of the Applicant's Land to be delivered by the Respondents within 60 days from date of judgment (28 February 2025)
  • If Respondents fail to deliver vacant possession after 60 days, Writ of Possession shall be issued and Applicant may proceed to seek damages to be assessed