The Sessions Court lacks jurisdiction to issue a prohibitory order concerning immovable property, which is reserved for the High Court.

[1] This is an appeal by the appellants/plaintiffs against the decision of the learned Judicial Commissioner (JC) of the Seremban High Court in dismissing the appellants'/plaintiffs' Originating Summons for a declaration that the prohibitory order dated 28 May 2015 issued by the Johor Bahru Sessions Court pursuant to a Civil Suit No: A52-NCvC- 198- 12/2014 (Prohibitory Order) was issued by a Court having the jurisdiction in respect of the matters under s 334 of the National Land Code (the NLC ).

[2] For the purpose of this appeal, the parties will be referred to as they were at the High Court.

Background Facts

[3] The background facts of the case can be gleaned from the plaintiff's written submission. The plaintiffs commenced a suit at the Johor Bahru Sessions Court Civil Suit No: A52-NCvC-198-12-2014 against Aidil Chong Abdullah (Aidil Chong) for the recovery of debt in the sum of RM332,219.53 pursuant to an agreement dated 22 May 2014 entered between the plaintiffs and Aidil Chong.

[4] A judgment in default was then obtained against Aidil Chong on 28 May 2015. On the same date, the plaintiffs proceeded to apply for prohibitory order against Aidil Chong's property being land held under Grant 244499, Lot 30186, Mukim Seremban, Seremban, Negeri Sembilan (the Land) and the plaintiffs' application was duly granted by the Johor Bahru Sessions Court.

[5] The plaintiffs' solicitors subsequently went to the office of the Registrar of Titles of Negeri Sembilan to present the Prohibitory Order for the purpose of registration in the register of land titles but the plaintiffs' presentation was rejected by the Registrar on the ground that the Johor Bahru Sessions Court does not have the jurisdiction to issue the Prohibitory Order.

[6] The plaintiffs, dissatisfied with the refusal of the Registrar to register the said Prohibitory Order, filed an Originating Summons against the defendants at the Johor Bahru High Court seeking for, amongst others, a declaration that the Prohibitory Order dated 28 May 2015 by the Johor Bahru Sessions Court was issued by a Court having the jurisdiction in respect of the matters under s 334 of the NLC .

[7] Upon the application of the plaintiffs, the Originating Summons was transferred from the Johor Bahru High Court to the Seremban High Court. On 5 August 2017, the learned JC dismissed the plaintiffs' Originating Summons with costs of RM3,000.00.

At The High Court

[8] The learned JC dismissed the plaintiffs' Amended Originating Summons in encl 20 for the following reasons:

8.1 Order 47 of the Rules of 2012 (" ROC 2012") must be read together with s 334 of the NLC as it relates to matter pertaining to immovable property;

8.2 Order 47 of the ROC 2012 only pertains to the general modes of execution after a judgment has been obtained;

8.3 based on s 334 of the NLC , the High Court is the Court with the jurisdiction to hear and to make any order in relation to an immovable property;

8.4 Section 5 of the NLC has defined "Court" as "the High Court in Malaya";

8.5 therefore, the subordinate courts do not have the jurisdiction to deal with land matters;

8.6 the prohibitory order can only be obtained from the High Court.

[9] The plaintiffs now appeal against the aforesaid High Court's decision.