20 Apr 2022
Fun Fatt (Menyaman Sebagai Pentadbir Dan Benefisiari Tunggal Harta Pusaka Lo Pang @ Fun Lim, Si Mati) DATUK BANDAR KUALA LUMPUR
- Citation
- W-01(IM)(NCvC)-416-07/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-01(IM)(NCvC)-416-07/2021 (Mahkamah Rayuan)
The Court of Appeal dismissed the appeal and affirmed the High Court: on the face of the pleadings and the documented administrative record the appellant lacked locus standi when the suit was filed because the land had been lawfully taken and vested (Form H/Form K and memorial endorsed); compensation (including for early occupation) was before and dealt with in acquisition proceedings and the appellant accepted the award without timely objection; the claim was therefore barred by the Land Acquisition Act remedies and res judicata and also time-barred/defeated by PAPA, rendering the pleading o…