A party must demonstrate capacity and legal standing when making property claims; failure to include necessary parties precludes the court from granting affirmative relief.

[1] There is before me an application by the defendant herein, Ng Wee Yiew, for the writ and statement of claim ("SOC") against him in his capacity as the chairman of the board of governors of the Confucian Private Secondary School, Kuala Lumpur ("Confucian Private School") to be struck out. The Confucian Private School was established under the then Education Act 1961 ("EA").

[2] The plaintiff herein is Tee Hock Seng, who is suing in his capacity as the chairman of the board of governors of Sekolah Menengah (J) Kebangsaan Confucian ("SMJK Confucian").

[3] Both SMJK Confucian and Confucian Private School are situated on a piece of land known as No Hakmilik GRN 32862 Lot 147 Seksyen 56, Bandar Kuala Lumpur ("the said Land").

[4] It is not in dispute that the said Land is registered in the names of the trustees of Confucian Private School.

[5] The application to strike out, which is in encl 12, is made under O 18 r 19(1)(a) or alternatively under r 19(1)(b), (c) and/or (d) of the Rules of 2012 ("ROC").

[6] The subject matter of dispute in the suit herein is in respect of the said Land. The plaintiff in commencing the instant action seeks inter alia for a declaratory relief that the board of governors of SMJK Confucian and the board of governors of Confucian Private School are both the legal beneficial owners of the said Land.

The Plaintiff's Pleaded Case

[7] The said Land was contributed by the local Chinese community around 1917 for the use of what was then known as the Confucian School ("the original school").

[8] As a result of the introduction and implementation of the national education policy in the 1960s, the then Federal Government had invited the original school to be converted to an Assisted School. An Assisted School is defined by the then EA as a school in receipt of partial grant-in-aid. On 28 February 1962, it was resolved in the emergency meeting of the patrons of the original school that:

(a) The original school agreed to be converted to an Assisted School; and

(b) To set up a private secondary school.

[9] As a result of the conversion and in view of the condition that private classes shall cease to operate in Assisted School premises, the Confucian Private School was subsequently established in 1963. It occupied an auxiliary building situated on the said Land.

[10] At the material time, both the Confucian Private School and SMJK Confucian continued to enjoy the use and occupation of the said Land in their respective designated areas in the said Land.

[11] It is the plaintiff's case that without the consent of the board of governors of SMJK Confucian, the board of governors of the Confucian Private School had unilaterally omitted to register any members and/or representative from the board of governors of SMJK Confucian as trustees of the said Land.

[12] It is for this reason that the plaintiff seeks for the said declaratory relief.