2 Dec 2025
1. ) TAN WEI MIA 2. ) TAN WAI CHEONG 3. ) TAN BOON CHIT Pentadbir Tanah Daerah Gombak
- Citation
- B-01(IM)-1-01/2024 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-01(IM)-1-01/2024 (Mahkamah Rayuan)
The Court held res judicata did not apply because earlier High Court decisions had been set aside by the Court of Appeal; on the facts the appellants failed to prove on the balance of probabilities that the Scheduled Lands were in actual commercial use or zoned commercial as at 17.2.1994 (no gazetted local/structure plan in 1994, temporary approvals expired, tenancies and permissions insufficiently evidenced), therefore the High Court was correct to refuse valuation on a commercial basis and Q3 was not answered.