19 Feb 2020
ARUMUGAM A/L MOOKAN 1. ) TENAGA NASIONAL BERHAD 2. ) PENTADBIR TANAH DAERAH PETALING
- Citation
- BA-B51-3-10/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BA-B51-3-10/2019 (Mahkamah Sesyen)
The Sessions Court allowed Defendant 2's application to strike out because the plaintiff's claim disclosed no cause of action against Defendant 2, was time‑barred under s.2(a) PAPA and Limitation Act s.6(1)(a), the plaintiff lacked locus standi at the material time as only a temporary occupation licence holder (TOL) and registration law makes title disputes for the High Court; naming of Defendant 2 was incorrect under the National Land Code; therefore the writ and statement of claim against Defendant 2 were frivolous, an abuse of process and must be struck out with costs.
- Locus standi
- Limitation periods (papa s.2 and limitation act)
- Temporary occupation licence (tol)
- Indefeasibility of title
- Jurisdiction of sessions court vs high court
- Striking out for no cause of action and abuse of process