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2013 MarsdenLR 535

HIGH COURT SABAH & SARAWAK KOTA KINABALU
KARAMBUNAI CORP BERHAD & ORS – Appellant
Versus
AG DAMIT AG TENGAH – Respondent


Petitioner Advocates:Marina Tiu ,Respondent Advocate: Sugumar Balakrishnan

Table of Content
1. overview of land ownership and interference (Para 1 , 1 , 2 , 3 , 4)
2. defendant's claim and procedural arguments (Para 5 , 6 , 7 , 8 , 9 , 10)
3. res judicata and contested claims (Para 11 , 12)
4. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
5. civil court's role in land disputes (Para 22 , 23 , 24 , 25 , 26 , 27)
6. plaintiffs' claims for declaratory relief (Para 28 , 29)
7. conclusion on damages and claims (Para 30 , 31)

[1] The dispute in this case concerns a large parcel of land comprised under Country Lease 045091174. It is also known as the Karambunai Land in Tuaran. The well known holiday and golfing resort called Nexus Resorts and Spa which is run by the 2nd plaintiff is located on the said land. The complaint of the plaintiffs is that the defendant had surreptitiously interfered with their registered interest in the land by obtaining various ex parte orders from the Syariah Court. By the time of trial, the Syariah Court of Appeal had set aside the said orders. The defendant is also alleged to have improperly applied for a replacement title from the Assistant Collector of Land (ACLR) in the Tuaran. The order of the ACLR was set aside by the Director of

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