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2020 MarsdenLR 1314

HIGH COURT SABAH & SARAWAK KOTA KINABALU
CHIN KIM PHIN – Appellant
Versus
DIRECTOR OF LANDS & SURVEYS SABAH & ANOR (ENCL 1) – Respondent


Petitioner Advocates:Kong Hong Ming ,Respondent Advocate: Nurul Ezza Mausar

JUDGMENT

Wong Siong Tung JC:

The Plaintiff's claims

[1] By this Originating Summons (Encl 1), the Plaintiff is seeking for the following declarations:

(a) That the conditions imposed by the 1st Defendant to surrender the original title for three (3) parcels of land, namely, in CL015354266, CL015354319 and CL015354328 each with leasehold tenure of 999 years in exchange for a reduced leasehold tenure of 99 years for the subdivided lots derived there from, namely and now held under document of title No CL015605991; CL015606005 (derived from CL015354266), CL015606069; CL015606050 (derived from CL015354319); and including CL015606041 (derived from CL015354328) as a condition for the approval of the subdivision of the three (3) parcels of land, namely, CL015354266, CL015354319 and CL015354328 were ultra vires and unlawful and was therefore invalid;

(b) That these subdivided lots namely and now held under CL015605991; CL015606005, CL015606069; CL015606050; and including CL015606041 be restored to the leasehold tenure of 999 years with effect from 13 October 1920 as existed before the subdivision of three (3) parcels of land, namely, in CL015354266, CL015354319 and CL015354328; and

(c) The 1st D


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