WONG SIEW TSAE v PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN, KUALA LUMPUR

wa-24ncvc-342-01-2025 High Court (Mahkamah Tinggi) 24 March 2025 • WA-24NCvC-342-01/2025 • 6 min read

Catchwords

Introduction 1. The Plaintiffs have applied to the Court by this Originating Summons (“OS”) for a Declaration that the land tenure of 99 years issued by the Land Office to be reverted to a tenure in perpetuity as it was originally was. Brief facts 2. The Plaintiffs are registered owners of a residence situated on a plot of land that was originally held under land grants having tenure in perpetuity. 3. This land grants were surrendered to the Land Office for purposes of sub divisions for the development of a housing project. Upon sub-division and new titles being issued, the tenure in perpetuity was changed to a 99 years lease. 4. The Plaintiffs allege that the conversion of the tenure from perpetuity to a 99 years lease is unlawful and unconstitutional. By this OS the Plaintiff applies for a Declaration from the Court to declare that the land is held in perpetuity instead of 99 years. Conclusion 22. In the upshot the Court dismissed the OS with no order as to cost.

Practice Areas

Civil Procedure Constitutional Law

Judges (1)

Akhtar bin Tahir Delivered

Counsel (4)

P C Choong & Co. Firm Crystal Tiah Hui Min Counsel Plaintiff Eugene Choong Counsel Plaintiff Iskandar Zulkarnaen bin Che Mohd Nor Counsel Defendant

Parties (2)

PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN, KUALA LUMPUR Respondent Wong Siew Tsae Applicant

Statutes Cited

Federal Constitution

Art 13 Art 13(1)

National Land Code (Cap 828)

Rules of Court 2012

Judgment

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Source: eJudgment (wa-24ncvc-342-01-2025)