2017

Cases

TH PELITA SADONG SDN BHD & ANOR v. TR NYUTAN JAMI & ORS AND OTHER APPEALS
Federal Court, Putrajaya
Raus Sharif CJ, Suriyadi Halim Omar, Zainun Ali, Balia Yusof Wahi, Jeffrey Tan FCJJ
[Civil Appeal Nos: 01-26-12-2014(Q), 01-27-12-2014(Q), 01-3-02-2015(Q) & 01-4-02-2015(Q)]
13 October 2017
[2017] 6 MLRA 189

Land Law : Customary land - Whether provisional leases issued to third parties gave indefeasibility of title to the holders, especially when they were bone fide purchasers for value of the leases from original lease holders - Whether claimants' right to seek compensation for any loss of alleged rights in personam could override third parties' indefeasible rights to the relevant lands

Native Law And Custom : Indefeasibility of title - Effect of a claim of Native Customary Law ('NCR') on indefeasibility of title under s 132 Sarawak Land Code - Whether positive finding of the existence of NCR would overrule indefeasibility of title of land and the interest stated in issue document of title issued before NCR was asserted - Whether indefeasibility of title of the land would prevail over such claim of NCR

Native Law And Custom : Land dispute - Customary rights over land - Native's land alienated to third party without payment of compensation to native - Whether grant of provisional lease subject to NCR over lands - Whether native's rights extinguished - The operation of s 5(3) and (4) Sarawak Land Code

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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