EVERMARK REALITY SDN. BHD. v Penghuni-Penghuni yang menduduki di Tanah yang dikenali sebagai H.S.(D) 123352, No. P.T. 500009 Seksyen 90 Bandar Kuala Lumpur , Daerah Kuala Lumpur, Negeri Wilayah Persekutuan Kuala Lumpur seluas 12064.511 Meter Persegi

wa-24ncvc-4207-10-2024 High Court (Mahkamah Tinggi) 9 April 2025 • WA-24NCvC-4207-10/2024

Catchwords

By way of the Originating Summons [Enclosure 1], the plaintiff is seeking an order for the recovery of possession of the land in dispute pursuant to Order 89 of the Rules of Court 2012 (“ROC 2012”). The plaintiff is also seeking a declaration that the defendants' occupation of the land was unlawful and for the defendants to be held liable for the costs related to restoring the land. The plaintiff is the registered owner of the land. In opposition to Enclosure 1, the defendants claim that they have been granted a licence coupled with equity to occupy the land. In this regard, the court finds that the plaintiff's ownership rights over the land cannot be disputed since the registration of the document of title is conclusive evidence of the plaintiff's ownership rights under the National Land Code 1965. In light of this, the court has no other alternative but to allow Enclosure 1, limited only to prayers that relate to a declaration that the defendants have no occupation or proprietary rights over the land and that the plaintiff is entitled to repossess it.

Practice Areas

Civil Procedure Land Law

Judges (1)

Raja Ahmad Mohzanuddin Shah bin Raja Mohzan Delivered

Parties (1)

EVERMARK REALITY Sdn Bhd Applicant

Judgment

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Source: eJudgment (wa-24ncvc-4207-10-2024)