Real Estate News: The Case of Kampung Mutiara – Appeals Court upholds order for Vacant Possession on Land

PUTRAJAYA, Feb 16 (Bernama) — Kampung Mutiara residents lost their appeal today to set aside a High Court order obtained by a landowner for vacant possession of two plots of land occupied by them in Batu Feringghi, Penang.

A three-man bench of Court of the Appeal chaired by Justice Datuk Umi Kalthum Abdul Majid unanimously dismissed their appeal after finding that there was no merit in it.

The panel also comprising Court of Appeal judge Datuk Abdul Rahman Sebli and High Court judge Datuk Asmabi Mohamad ordered the residents to pay RM5,000 in legal costs.

On July 3, 2012, the High Court in Penang granted Loke Leng Seak vacant possession of the 1.4ha parcel which he purchased in 1991 through court auction.

On April 20 last year, the High Court dismissed the residents’ application to set aside the order for vacant possession.

The amended writ of summons filed by Loke named eighteen residents as defendants as well as all other occupants and squatters, as defendants.

In their statement of defence, the residents claimed that Loke did not have exclusive ownership to the land as he only purchased it in 1991 but they have been staying in Kampung Mutiara since 1970.

They claimed they were not squatting on the land but were residents legally occupying on the land and possessed irrevocable license to occupy the land.

Their counsel V. Amareson had earlier urged the court to allow the appeal saying that the High Court had granted the vacant possession to Loke without the presence of the appellants.

Outside the court, Amareson said he would take instructions from his clients on whether to bring the matter up to the Federal Court.

He explained that the court’s decision would mean that Loke could enforce the vacant possession on the land and ask the residents to move out.

Lawyer Dinesh Nair represented Loke.

Meanwhile, UMNO Bukit Bendera division chief Datuk Ahmad Ismail who was present in court today, said the Penang state government and Federal Government, through the Implementation Coordination Unit (ICU) of the Prime Minister’s Department were working on the possibility of buying the land and that there would be a meeting on this with the landlord on Feb 23.

Source: Bernama

Published by: February 16th, 2016

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