Malaysia Case Law: Decisions & Judgments

13 Dec 2020

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman

Citation: KA-21NCVC-2-03/2019 (Mahkamah Tinggi)
Court: High Court
Case number: KA-21NCVC-2-03/2019 (Mahkamah Tinggi)

The Court held the Court of Appeal had determined the 1st Defendant acted ultra vires and breached its statutory duty under ss204A-204H NLC by issuing title contrary to those provisions; an ultra vires act is not protected by PAPA 1948 so PAPA limitation is inapplicable; the discovery of the negligence occurred upon availability of the Court of Appeal grounds (12 Oct 2015) and the subsequent Federal Court refusal, hence the Plaintiff's claim filed March 2019 was within limitation; Order 14A was appropriate and the Plaintiff's application was allowed with costs RM2,000.

Surrender and re-alienation under national land code
Breach of statutory duty
Estoppel
Limitation (time bar)
Order 14a summary determination
Public authorities protection act 1948

Malaysia Case Law

Ka Yin Development Sdn Bhd 1. ) Yap Sui Hing @ Sik Yin Chi 2. ) Yoong May Lin 3. ) Chen Siew Yoong

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman