4 Feb 2025
DATO' MOHD ROZALI BIN ISOHAK TENAGA NASIONAL BERHAD
- Citation
- DA-B52NCvC-18-11/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- DA-B52NCvC-18-11/2023 (Mahkamah Sesyen)
Defendant lawfully entered and occupied the subject land under statutory wayleave (s53/ s11), complied with the PTJTM award by paying RM50,178.00 as compensation (including RM38,165.50 paid to the attending co-owner as ordered), registered a private caveat which evidences its legal/beneficial interest, and Plaintiff failed to challenge the PTJTM order or the caveat, failed to rebut Defendant's evidence, and brought a stale, time-barred and laches‑barred claim that is an abuse of process; accordingly Plaintiff's claim is dismissed and Defendant's counterclaim is allowed with costs.