The court requires clear evidence to establish identity for land claims when discrepancies exist in documentation and citizenship.

Introduction

[1] The application before me is for the following orders filed by way of an Originating Summons dated 24 February 2021:

(i) a declaration that one Siti Aisyah Binti Haji Sulaiman @ Siti Aisyah bearing Indonesian Passport No: N020544 is the person referred to as Siti Aisjah binti Haji Sulaiman, the registered owner of 1/5 share in the land identified as Lot 2019, GM 2462, Mukim Hulu Langat;

(ii) a declaration that Siti Aisyah Binti Haji Sulaiman @ Siti Aisyah is the lawful owner of 1/5 share of land identified as Lot 2019, GM 2462, Mukim Hulu Langat which had been taken in acquisition pursuant to the Land Acquisition Act 1960 and is entitled to the compensation monies in respect thereof; and

(iii) an order that the compensation monies now deposited in court pursuant to the High court order made in Originating Summons No:BA-24NCVC-855-07/2019 on 2 August 2019 amounting to RM2,005,617.50 be paid out to Tetuan Musthafa & Co as stakeholder for the Applicant in this action.

Background Facts

[2] The application is made in the context of the following background facts, which are undisputed and from the records available from the Land Office.

[3] The land now identified as Lot 2019, GM 2462, Mukim Hulu Langat ("the said land") and the subject-matter of the present proceedings, is the successor title to EMR 3797, Lot 2019, Perimbun, Mukim Hulu Langat, Negeri Selangor. On 5 July 1922, the registered owner was one Muyajin bin Haji Husin.

[4] On 29 October 1924, the land was transferred to one Haji Suleiman bin Haji Husin. A title in continuation was issued as EMR 5425, Lot 2019, Perimbun, Mukim Hulu Langat, Negeri Selangor.

[5] When Haji Suleiman bin Haji Husin passed away, a distribution order was made in relation to the said land under the Small Estate (Distribution) Ordinance 1955 on 11 December 1970. The Land Administrator of the Land Office of Ulu Langat, Kajang ordered that the said land was to devolve equally upon the following persons:

(i) Abdul Ghani bin Haji Sulaiman (1/5 share);

(ii) Amirullah bin Haji Sulaiman (1/5 share);

(iii) Harun bin Haji Sulaiman (1/5 share);

(iv) Siti Aisjah binti Haji Sulaiman (1/5 share); and

(v) Sainah binti Ismail (1/5 share).

[6] The said persons were then registered as co-proprietors of the said land, each having 1/5 share on the land. A search on the title showed a computerised register of title with each of the names stated therein. The co-proprietors were also stated as Malaysians.

[7] The said land was subsequently compulsorily acquired vide Gazette Notification No GN 1311 dated 29 March 2018 for Projek Skim Bekalan dan Pengagihan Air Langat 2-Fasa 1 (Cadangan Tapak Pelupusan Enap Cemar untuk Loji Rawatan Air Langat 2). A Notice of Enquiry in Form E pursuant to the Land Acquisition Act 1960 was issued by the Land Administrator to the land owners to be present at the hearing on 31 May 2018 to determine compensation.

[8] Upon the conclusion of the enquiry, the Land Administrator issued a notice in Form H dated 24 September 2018 to inform of the award of compensation. Each of the 5 land owners were to be paid an amount of RM2,005,617.50. In Form H, the Land Administrator made a notation therein that 'Bayaran Pampasan hendaklah dibuat setelah Jabatan ini mengemukakan perintah termeterai daripada mahkamah' in respect of the other 4 co-owners except for Abdul Ghani bin Haji Sulaiman.

[9] As Siti Aisjah binti Haji Sulaiman was not present at the enquiry, the Land Administrator then filed an Originating Summons No:BA-24NCVC-855-07/2019 in the Shah Alam High court for an order that the compensation monies due to Siti Aisjah binti Haji Sulaiman be deposited in court. On 2 August 2019, the order was granted.

[10] These are