1. ) THE MOTHER SUPERIOR OF THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (MALAYA) (diperbadankan di bawah Ordinan the Daughters of Charity of the Canossian Institute (Incorporation) 1957 (Ordinan No.33 1957)) 2. ) THE AGENT OF THE COMMISSION FOR THE ADMINISTRATION OF THE ESTATES OF THE PORTUGUESE MISSIONS IN CHINA AND SINGAPORE (diperbadankan di bawah Ordinan Portuguese Missions (Ordinan No.2 1910)) v 1. ) PENGARAH HAKMILIK TANAH, MELAKA (menurut Seksyen 6 Akta Kanun Tanah Negara (hakm...
Catchwords
National Land Code (Penang & Malacca Titles) Act 1963 ('Act') - Application for judicial review ('Application') - Applicants have been in occupation of Lot 6 Town Area XXVII, Melaka Tengah, Melaka ('Land') land since 1905 - A school now known as the Sekolah Kebangsaan Sacred Heart Convent resides on the land - Applicants claim that there was a title deed issued for the Land but was lost under the care of Reverend Father Alvaro Martins Coroado, representative of the Portugese Mission, who died during the Japanese occupation of Malaya - In 2014 the 1st Applicant began to communicate with the 2nd. Respondent seeking to secure a replacement title under the provisions of the Act - The 2nd Respondent failed or refused to issue the title citing several reasons - In 2023 the 2nd Respondent urged the Applicants to refer the matter to Court. The Applicants then filed this Application against decision of Respondents in failing to issue replacement title - the Applicants claim that based on historical facts and documents the Applicants have a pre-existing interest in Lot 6 in accordance with the provisions of the Act - the Applicants also claim they have a legitimate expectation to have the replacement issued in their favor - the Applicants claim that the Respondents' failure or reluctance to issue the replacement title as an error of fact and law, irrational, illegal and procedurally improper - the Applicants seek, inter-alia, a declaration that the 2nd Applicant is the legal proprietor of Lot 6 and held the same for and on behalf of the 1st Applicant and an order to vest all legal interest in Lot 6 in favor of the 2nd Applicant. The Respondents oppose the Application on the main ground that the Applicants have failed to prove that they have a pre-existing interest in the Land - it was argued that the historical facts and documents referred to by the Applicants only showed the fact of occupation but not ownership -there was also delay in making the Application - issue of laches and acquiescence Held: Applicants failed to prove on the balance of probabilities that that they have a pre-existing interest in the Land - the historical facts and documents showed the fact of occupation but did not prove legal and beneficial ownership interest in the Land - in addition, there has been a delay of not less than 18 years in making this Application - there was a failure to act and submit a claim in accordance with the provisions of the Act - legitimate expectation not proved - decision of Respondents therefore not illegal, irrational or procedurally improper - Application dismissed. Pohon digunakan Alasan Penghakiman terkini ini kerana Untuk makluman, Yang Arif Datuk Mohd Radzi baru menyedari terdapat ketidakaseragaman dalam rujukan kepada perkataan "Portugese Commission" dan "Portugese Mission" serta ejaan berkaitan di dalam Alasan Penghakiman. Berikutan itu Alasan Penghakiman tersebut telah di perbaiki dan dikemaskinikan. Alasan Penghakiman Enclosure 57 pohon diabaikan. Pohon digunakan AP di Enclosure 58 sebagai rujukan rasmi.
Practice Areas
National Land Code (Penang & Malacca Titles) Act 1963 ('Act') The Applicants then filed this Application against decision of Respondents in failing to issue replacement title The Respondents oppose the Application on the main ground that the Applicants have failed to prove that they have a pre-existing interest in the Land Held: Applicants failed to prove on the balance of probabilities that that they have a pre-existing interest in the Land Pohon digunakan Alasan Penghakiman terkini ini kerana Untuk makluman, Yang Arif Datuk Mohd Radzi baru menyedari terdapat ketidakaseragaman dalam rujukan kepada perkataan "Portugese Commission" dan "Portugese Mission" serta ejaan berkaitan di dalam Alasan Penghakiman. Berikutan itu Alasan Penghakiman tersebut telah di perbaiki dan dikemaskinikan. Alasan Penghakiman Enclosure 57 pohon diabaikan. Pohon digunakan AP di Enclosure 58 sebagai rujukan rasmi.
Judges (1)
Case Significance
1. ) THE MOTHER SUPERIOR OF THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITU... is a High Court (Mahkamah Tinggi) decision dated February 2, 2025 (citation: ma-25-2-05-2022). The case was decided by Mohd Radzi bin Abdul Hamid.
What was the outcome of 1. ) THE MOTHER SUPERIOR OF THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITU...?
1. ) THE MOTHER SUPERIOR OF THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITU... is a High Court decision dated February 2, 2025. The case was heard by Mohd Radzi bin Abdul Hamid. See the full judgment for details.