HIGH COURT MALAYA KUALA LUMPUR
WONG SIEW TSAE – Appellant
Versus
PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN KUALA LUMPUR – Respondent
| Table of Content |
|---|
| 1. plaintiffs seek declaration on land tenure. (Para 1 , 2 , 3 , 4) |
| 2. intitulement and relevant legal provisions discussed. (Para 5 , 6 , 7 , 8) |
| 3. court observes deficiencies in legal arguments. (Para 9 , 10 , 11 , 12 , 13) |
| 4. court's limitations on executive powers recognized. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. os dismissed; matter referred for reconsideration. (Para 20 , 21) |
Introduction
[1] The Plaintiffs have applied to the Court by this Originating Summons ("OS") for a Declaration that the land tenure of 99 years issued by the Land Office to be reverted to a tenure in perpetuity as it was originally was.
Brief Facts
[2] The Plaintiffs are registered owners of a residence situated on a plot of land that was originally held under land grants having tenure in perpetuity.
[3] This land grants were surrendered to the Land Office for purposes of sub divisions for the development of a housing project. Upon sub-division and new titles being issued, the tenure in perpetuity was changed to a 99 years lease.
[4] The Plaintiffs allege that the conversion of the tenure from perpetuity to a 99 years lease is unlawful and unconstitutional. By this OS the Plaintiff a
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