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2021 MarsdenLR 1104

HIGH COURT SABAH & SARAWAK KOTA KINABALU
CLEAR SKY DEVELOPMENT SDN BHD & ANOR – Appellant
Versus
MAYOR OF THE CITY OF KOTA KINABALU & ORS – Respondent


Petitioner Advocates:Marina Tiu ,Respondent Advocate: Abdul Fikry

JUDGMENT

Wong Siong Tung JC:

Introduction

[1] By this application for judicial review, the Applicant is seeking an order of certiorari to quash the decision of the 1st Respondent on 15 October 2019 in approving the trading licences to 2nd Respondent for the operation of a grocery store at Unit PV 140 of Precinct Dillenia Karambunai and also approving the usage of Unit PV 161 to sell liquor respectively.

[2] By the application for judicial review, the Applicant is also seeking an order of mandamus directing the 1st Respondent to cancel the trading licence issued to the 2nd Respondent dated 23 December 2019 for the operation of a grocery store at Unit PV 140 and also an order to declare the decision of the 1st Respondent thereto, null and void.

Brief Backgrounds

[3] The Applicant is developer of a project known as "Nexus Residence Karambunai project" consisting of hotel rooms, hotel suites, hotel chalets, hotel villas and condotels for which Precinct Dillenia Karambunai (Precinct Dillenia) is part of the project.

[4] As subsidiary titles have yet to be issued under the Land (Subsidiary Title) Enactment 1972 for the project, the Applicant also assumed the role and responsibility of the int


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