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2020 MarsdenLR 1942

HIGH COURT MALAYA IPOH
LIZIZ PLANTATION – Appellant
Versus
LIEW AH YONG – Respondent


Petitioner Advocates:CT Tenh,S K Tenh ,Respondent Advocate: Manshan Singh Jeswender Singh,Elizabeth Goh Yeek Li

Table of Content
1. determination of jurisdiction in land disputes. (Para 1)
2. plaintiff claims caveat removal. (Para 2 , 3)

[1] With the growing acceptance of remote communication technology, should the forum of the Court be changed to keep pace with where the Defendant has his place of residence or business?

Nature of action

[2] The Plaintiff filed this action on 21 February 2020 against the Defendant for inter alia an Order that private caveats lodged by the latter be removed pursuant to s 327 of the National Land Code 1965 ("NLC"). The Plaintiff claims amongst others that the entry of these private caveats was wrongful and seeks damages pursuant to s 329 of the NLC.

[3] The private caveats were lodged under Presentation Number 42/2020 dated 7 January 2020 (hereinafter referred to as the "private caveats") over the lands held under issued documents of title PN 10052, PN 10051, HS(D) 702 Mukim Relai and HS (D) 1644, HS (D) 3928, HS (D) 3927 and HS (D) 3926 Mukim Ulu Nenggiri, Jajahan Gua Musang, Negeri Kelantan (hereinafter referred to as "the said Lands").

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