20 Feb 2024
1. ) LIM POH CHUEN 2. ) LIM TSE HONG PENDAFTAR HAKMILIK NEGERI PERAK
- Citation
- AA-24NCvC-308-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-24NCvC-308-07/2023 (Mahkamah Tinggi)
The court held that converting land from perpetuity to a 99-year lease pursuant to subdivision/re-alienation was ultra vires the National Land Code and contrary to Article 13; the Registrar/State Authority lacked lawful power to reduce tenure and the correct remedy in these circumstances could be pursued by Originating Summons where private proprietary rights predominate. Consequently the plaintiffs' claim to correct the tenure was allowed.