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2021 MarsdenLR 2937

HIGH COURT SABAH & SARAWAK KOTA KINABALU
INNOWEST SDN BHD – Appellant
Versus
THE DIRECTOR OF LANDS AND SURVEYS – Respondent


Petitioner Advocates:Chung Jiun Dau ,Respondent Advocate: Dk Noranisah Pg Hassanel

JUDGMENT

Leonard David Shim JC:

(Enclosure 5)

[1] This is the hearing of the substantive application for judicial review of the Respondent's decision dated 7 February 2021 to revoke the offer to alienate a parcel of land at Kg. Lok Batik in the district of Tuaran. The reliefs sought by the applicant are as follows:

(1) A declaration that the parcel of land measuring around 10 hectares which is the subject matter of the Offer to Alienate Land dated 7 February 2020 made by the Respondent to the Applicant is not within any foreshore reserve or foreshore area;

(2) An order of certiorari to remove into this Honourable Court and quash forthwith the decision of the Respondent to issue the letter dated 8 January 2021 to revoke the Offer to Alienate Land dated 7 February 2020;

(3) An order of mandamus compelling the Respondent to complete the preparation of and to issue the document of title Country Lease 045393173 to the Applicant within one month;

(4) Costs;

(5) Any other or further relief as the Court deems fit.

[2] The grounds of this application are as follows:

(1) That the decision of the Respondent is unlawful, null and void;

(2) That procedural unfairness operated and impinged upon the decisio


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