Appeals court disallows intervention in judicial review over land dispute
The Court of Appeal today disallowed intervention by Kenari Maluri Sdn Bhd in the judicial review sought by Semantan Estate (1952) Sdn Bhd with regard to the latter’s dispute with the government over 106.542ha of prime land in Jalan Duta, Kuala Lumpur.
A three-member panel led by judge Kamaludin Md Said held that Kenari Maluri, a company claiming to represent the majority of Semantan Estate shareholders, has no direct interest in the judicial review application and it does not have a legal relationship with Semantan Estate.
The panel, which also comprised judges Has Zanah Mehat and Ahmad Nasfy Yasin, allowed the appeal by Semantan Estate to set aside...
The Court of Appeal today disallowed intervention by Kenari Maluri Sdn Bhd in the judicial review sought by Semantan Estate (1952) Sdn Bhd with regard to the latter’s dispute with the government over 106.542ha of prime land in Jalan Duta, Kuala Lumpur.
A three-member panel led by judge Kamaludin Md Said held that Kenari Maluri, a company claiming to represent the majority of Semantan Estate shareholders, has no direct interest in the judicial review application and it does not have a legal relationship with Semantan Estate.
The panel, which also comprised judges Has Zanah Mehat and Ahmad Nasfy Yasin, allowed the appeal by Semantan Estate to set aside the High Court decision allowing Kenari Maluri's application to intervene in the judicial review.
Kamaludin said Kenari Maluri does not have the authority to negotiate a settlement on behalf of Semantan Estate and seek to intervene in the judicial review.
Kenari Maluri is not a shareholder of Semantan Estate but it claims to have purchased shares in the (Semantan Estate) company from some shareholders, he said and added that the (Kenari Maluri) company is a stranger to the judicial review.
Saying there is merit in the Semantan Estate appeal, Kamaludin ordered Kenari Maluri to pay RM10,000 costs to Semantan Estate.
The court proceedings were conducted via video conferencing.
In 2010, the High Court held that the acquisition of the land owned by Semantan Estate was not lawfully executed and the government remained in wrongful possession of the land.
Semantan Estate was awarded damages to be assessed by the High Court senior assistant registrar.
The government then appealed to the Court of Appeal but its appeal was dismissed on May 18, 2012. On Nov 21, 2012, the Federal Court dismissed the government application to seek leave to appeal against the decision.
The Federal Court also dismissed a government review application in 2018.
Semantan Estate then filed the judicial review application against several respondents, including the government, seeking a mandamus order, among others, to compel the respondents to transfer ownership of the land to the (Semantan Estate) company.
During the appeal hearing on March 19 this year, Kenari Maluri’s lawyers Edward Ng Boo Siong and Jason Ng Kau submitted that the High Court was right in allowing the (Kenari Maluri) company to intervene in the Semantan Estate judicial review as the company was seeking a global settlement with the respondents, including the government.
However, Semantan Estate's lawyer Ira Biswas argued that Kenari Maluri has no right to intervene as the company is not a shareholder in Semantan Estate, and said that the government should deal directly with Semantan Estate, which is the company that has a legal right in the matter.
Senior federal counsel S Narkunavathy, who represented the government and the other respondents, did not make any submission on the intervener matter at the Court of Appeal.
The land dispute dates back to 1960 when Semantan Estate first went to court to seek legal remedy over the compensation that the Collector of Land Revenue had paid for the land.
Ng, when contacted, said he would seek leave from the Federal Court to appeal against the Court of Appeal decision.
He said the failure to intervene in the judicial review proceedings does not affect the mandate granted by the majority shareholders of Semantan Estate to Kenari Maluri in relation to any out-of-court settlement negotiation with the government.
- Bernama
Are you sure you want to delete this comment?
This action cannot be undone.