Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 MarsdenLR 568

HIGH COURT MALAYA KUALA LUMPUR
KEPONG DEVELOPMENT SDN BHD – Appellant
Versus
NG BEE WAN – Respondent

Petitioner Advocates:Oii Chih Jek,Khaw Eng Khoon,Wong Chee Wai ,Respondent Advocate: K Shanmuga,Ng Chek,Kee Hui Yee

Judgement Key Points

Key Points:- The court held the Defendant is a licensee coupled with equity and not a trespasser or squatter. (!) (!) (!) - The Plaintiff, as registered proprietor, seeks vacant possession; the Temple has long-standing occupancy with equity based on acquiescence and support from the Plaintiff’s predecessor. (!) (!) (!) - Equity can coexist with the Torrens system, and the Defendant’s equity requires satisfaction before eviction. (!) (!) (!) - The court found the eviction notice valid but subject to the Defendant’s equity being honored, with vacate by 1 February 2023. (!) (!) (!) (!) - Res judicata does not bar the current suit because the issues were not finally decided in the prior proceeding. (!) (!)

What is the entitlement to possession and rights over the Said Lands in light of a licensee coupled with equity?What is the status of the Temple and its occupants—squatters, licensees, or equitable occupiers—with respect to the National Land Code 1965?What is the effect of res judicata on the current suit and the validity of the eviction notice in light of prior proceedings?

JUDGMENT

John Lee Kien How @ Mohd Johan Lee JC:

A. Introduction

[1] This is essentially an action ("this Suit") by the registered proprietor of a few pieces of land which are occupied by dwellers (whom the Plaintiff claimed as squatters) who have refused to move out and give vacant possession of the lands to the register proprietor. The Plaintiff is seeking orders of vacant possession and an order to allow the buildings and structures on the land to be demolished.

[2] The Plaintiff is the registered proprietor of all those pieces of land held under Grant 64801, Lot 19126; Grant 64800, Lot 19127; and Grant 64799, Lot 19128, Mukim Batu, Kuala Lumpur District, Federal Territories ("the Said Lands") which was previously registered under a master title HS (D) 79276, PT No 564. The Said Lands are all located at the outskirts of Kuala Lumpur in Taman Kepong.

[3] The Defendant is an office bearer of Persatuan Penganut Hock Sui Tong Kepong Kuala Lumpur ("the Association") and at all material times, the Association has been managing a temple known as Kuil Taoist Persatuan Penganut Hock Sui Tong Kepong Kuala Lumpur ("the Temple") which occupies a part of the Said Lands.

[4] It is the Plaintiff's po

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2022 MarsdenLR 568

HIGH COURT MALAYA KUALA LUMPURKEPONG DEVELOPMENT SDN BHD – AppellantVersusNG BEE WAN – Respondent

Cases Referred (4)

HIGH COURT MALAYA KUALA LUMPUR
KEPONG DEVELOPMENT SDN BHD – Appellant
Versus
NG BEE WAN – Respondent