XXXX v PENDAFTAR HAKMILIK WILAYAH PERSEKUTUAN, KUALA LUMPUR

w-01imncvc-646-10-2024 Court of Appeal (Mahkamah Rayuan) 23 June 2025 • W-01(IM)(NCvC)-646-10/2024 • 4 min read
1 cases cited (0 SG, 1 foreign)

Catchwords

Mandamus – whether the Court can compel the Government to transfer the subject land to Semantan Estate based on a 2009 High Court Declaration Order — whether s 29(1)(b) of the Government Proceedings Act 1956 (“GPA”) bars recovery orders against the Government – whether the High Court Declaration Order 2009 is amenable to a subsequent mandamus. Section 29(1)(b) GPA – whether it must be read in tandem with Article 13 of the Federal Constitution — whether the Court can order an assessment of adequate compensation under O 53 r 2(3) Rules of Court 2012 - whether alternatively s 69(4) Courts of Judicature Act 1964 may be invoked. Adequacy of compensation – whether the sum paid was adequate for the purposes of Article 13 of the Federal Constitution having regard to the sum paid by the Government pursuant to the Collector’s Award under the Land Acquisition Enactment — whether Semantan Estate had lost the opportunity to make a land reference — whether Semantan Estate may not seek the return of the subject land but must be confined to monetary relief. Assessment of compensation – whether compensation should be calculated at the current market value or at the market value on the date 3.12.1956 when the Government took possession of the subject land — interest at the rate of 6% per annum under the Land Acquisition Enactment on amount assessed after deducting sums already paid from 3.12.1956 to date of payment — Whether upon payment of the compensation sum as may be assessed the mesne profits will cease to be payable. Section 417 of the National Land Code (“NLC”) – whether the Court can order the transfer of the subject land to Semantan Estate on the basis of the High Court Declaration Order 2009 – whether the High Court Declaration Order 2009 had stopped short of ordering a transfer of the subject land to Semantan Estate — whether the order made for transfer of the subject land under s 417 of NLC should be set aside.

Practice Areas

Mandamus

Judges (3)

Azimah binti Omar Coram Lee Swee Seng Coram Utama Wan Ahmad Farid bin Wan Salleh Delivered

Parties (2)

PENDAFTAR HAKMILIK WILAYAH PERSEKUTUAN, KUALA LUMPUR Respondent Xxxx Appellant

Case Significance

XXXX v PENDAFTAR HAKMILIK WILAYAH PERSEKUTUAN, KUALA LUMPUR is a Court of Appeal (Mahkamah Rayuan) decision dated June 23, 2025 (citation: w-01imncvc-646-10-2024). <p>This is the supporting judgment of Wan Ahmad Farid JCA in the Semantan Estate land dispute, involving three heard-together appeals concerning 263 acres of land in Kuala Lumpur that the government took possession of in 1956. The judge agreed with the main judgment that the High Court erred in ordering the transfer of the land to Semantan Estate under Section 417 of the National Land Code, as the original 2009 declaration order had only declared beneficial interest and not ordered a transfer.</ The panel comprised Azimah binti Omar, Lee Swee Seng and Utama Wan Ahmad Farid bin Wan Salleh, with Utama Wan Ahmad Farid bin Wan Salleh delivering the judgment.

Summary

This is the supporting judgment of Wan Ahmad Farid JCA in the Semantan Estate land dispute, involving three heard-together appeals concerning 263 acres of land in Kuala Lumpur that the government took possession of in 1956. The judge agreed with the main judgment that the High Court erred in ordering the transfer of the land to Semantan Estate under Section 417 of the National Land Code, as the original 2009 declaration order had only declared beneficial interest and not ordered a transfer.

What was the outcome of XXXX v PENDAFTAR HAKMILIK WILAYAH PERSEKUTUAN, KUALA LUMPUR?

<p>This is the supporting judgment of Wan Ahmad Farid JCA in the Semantan Estate land dispute, involving three heard-together appeals concerning 263 a...

Statutes Cited

National Land Code 1965
s 417

Cases Cited (1)

MY (1)
[2020] 12 MLJ 237