Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction of land administrator

Legal area

Court

23 Aug 2023

PERBADANAN PENGURUSAN PUTRAWALK PELANGI HOMES SDN BHD

Citation

BA-22NCvC-8-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-8-01/2022 (Mahkamah Tinggi)

On the balance of probabilities the Court held that the Defendant, as registered proprietor at the date of acquisition, was rightly awarded the market value component (RM1,899,000) by the Land Administrator; however documentary evidence (forms and a 21-6-2017 letter) showed the RM500,000 award for 'pembaikan tanah' (land improvement, including demolition of the Putra Walk arch) belonged to the Management Corporation and therefore the Defendant must pay RM500,000 to the Plaintiff; allegations of fraud and unconscionable conduct were not proved and Plaintiff failed to establish entitlement to t…
1 Jan 1900

HALIJAH BINTI SHAHABUDIN (NO. K/P: 590205-07-5544) ISMAIL INNUNU BIN ABU BAKAR (NO. K/P: 451030-08-5483)

Citation

PA-24NCVC-304-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCVC-304-04/2019 (Mahkamah Tinggi)

Although the Land Administrator has jurisdiction under s17 SEDA to revoke grants, the Land Administrator effectively denied the Applicant access to that remedy by conditioning the application on a prior court order; under the D&C Bank exception the High Court may exercise original jurisdiction to set aside the Borang F and remit the matter for rehearing so as to avoid leaving the Applicant without an effective remedy.