13 May 2025
TCM MINING SDN BHD NAAM SDN BHD
- Citation
- KA-24NCvC-185-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-24NCvC-185-06/2022 (Mahkamah Tinggi)
The application is dismissed because the Plaintiff failed to prove a right to possession on the balance of probabilities: the Plaintiff did not produce documentary proof that the lands had been de-classified from Malay reserve status nor proof that the Plaintiff was a Malay company as required by the lease, failed to register the lease within the requisite period, and suppressed material evidence allowing an adverse inference under s.114(g) Evidence Act; additionally the declaratory relief involved rights of LADA and the non-joinder was fatal, therefore the trespass claim could not succeed.