JUDGMENT

Nordin Hassan FCJ (Majority):

[1] This is an appeal by SILK against the decision of the Court of Appeal on 25 August 2023 that set aside the decision of the High Court which among others, maintained the compensation awarded by the Land Administrator for the alleged surrendered land (impugned land) in the nominal sum of RM10.00. The Court of Appeal further ordered that the case be remitted to the Shah Alam High Court before the same judge for a hearing of the assessment of the impugned land.

The Main Issues

[2] The main issues in the present appeal are as follows:

(i) the application of the proviso of s 49(1) of the Land Acquisition Act 1960 (LAA 1960).

(ii) what amounts to a question of law?

(iii) was there a question of law in the present case?

(iv) whether there was a valid surrender of the impugned land by Orchard Circle to the State Authority.