29 Sept 2020
DINASTI ZAMAN SDN BHD KOPERASI PEMBANGUNAN PULAU LUMUT BERHAD
- Citation
- DA-22NCVC-20-03/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCVC-20-03/2019 (Mahkamah Tinggi)
The writ and Statement of Claim were struck out because the relief sought (specific performance) would require prior discretionary approval by the Ruler in Council under s13A(i) of the Kelantan Malay Reservation Enactment which has not been obtained; the High Court lacks jurisdiction to grant specific performance that would usurp that statutory/executive function, rendering the proceedings premature and an abuse of process, so the strike out application succeeds without deciding the alleged illegality of the SSPA.