Fun Fatt (Menyaman Sebagai Pentadbir Dan Benefisiari Tunggal Harta Pusaka Lo Pang @ Fun Lim, Si Mati) DATUK BANDAR KUALA LUMPUR

Fun Fatt (Menyaman Sebagai Pentadbir Dan Benefisiari Tunggal Harta Pusaka Lo Pang @ Fun Lim, Si Mati) DATUK BANDAR KUALA LUMPUR

The Court of Appeal dismissed the appeal and affirmed the High Court: on the face of the pleadings and the documented administrative record the appellant lacked locus standi when the suit was filed because the land had been lawfully taken and vested (Form H/Form K and memorial endorsed); compensation (including for early occupation) was before and dealt with in acquisition proceedings and the appellant accepted the award without timely objection; the claim was therefore barred by the Land Acquisition Act remedies and res judicata and also time-barred/defeated by PAPA, rendering the pleading obviously unsustainable and an abuse of process justifying strike out under Order 18 r.19.

Citation
W-01(IM)(NCvC)-416-07/2021 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Fun Fatt (pentadbir dan benefisiari tunggal harta pusaka Lo Pang @ Fun Lim); Respondent/defendant: Datuk Bandar Kuala Lumpur
Court
IM
Jurisdiction
Malaysia
Judgment Date
20 April 2022
Case Number
W-01(IM)(NCvC)-416-07/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (land/trespass/acquisition) / Appeal Decided by Court of Appeal (judgment Dated 20 July 2023)
Outcome
Appeal dismissed
Legal Topics
Trespass, Locus Standi, Res Judicata, Limitation/papa, Striking Out Under Order 18 R.19, Compensation Under Land Acquisition Act
Source Language
Malay/English
Property Law Administrative Law Civil Procedure Land Acquisition Law Trespass Locus Standi Res Judicata Limitation/papa +2 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 6 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Fun Fatt (pentadbir dan benefisiari tunggal harta pusaka Lo Pang @ Fun Lim)

Appellant/plaintiff

Datuk Bandar Kuala Lumpur

Respondent/defendant

Procedural Posture

Civil Appeal (land/trespass/acquisition) / Appeal Decided by Court of Appeal (judgment Dated 20 July 2023)

Legal Issues

  1. 1 Whether the appellant had locus standi to bring trespass claim after lawful acquisition and award
  2. 2 Whether the claim was barred by res judicata because compensation for early occupation was considered in acquisition proceedings
  3. 3 Whether the claim was time-barred under the Public Authorities Protection Act 1948 (PAPA)

Ratio Decidendi

The Court of Appeal dismissed the appeal and affirmed the High Court: on the face of the pleadings and the documented administrative record the appellant lacked locus standi when the suit was filed because the land had been lawfully taken and vested (Form H/Form K and memorial endorsed); compensation (including for early occupation) was before and dealt with in acquisition proceedings and the appellant accepted the award without timely objection; the claim was therefore barred by the Land Acquisition Act remedies and res judicata and also time-barred/defeated by PAPA, rendering the pleading obviously unsustainable and an abuse of process justifying strike out under Order 18 r.19.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to Respondent RM8,000 and subject to alokasi