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1994 MarsdenLR 1429

TAN SRI DATUK GUNN CHIT TUAN, TAN SRI DATO, HAJI MOHD AZMI BIN, DATO HAJI KAMARUDDIN, DATO PEH SWEE CHIN
PUAH BEE HONG – Appellant
Versus
PENTADBIR TANAH DAERAH WILAYAH PERSEKUTUAN KUALA LUMPUR & ANOR.(ROBERT TEO KENG TUAN INTERVENER) – Respondent


Advocates:
For the 1st & 2nd appellants - K.S. Dass (Kalaimany withhim); M/s Kalai & Partners For the 1st respondent - Abu Bakar Jais For the 2nd respondent - Leela Jesuthasan; M/s ChewKar Meng & Partners For the intervener - R. Abraham (M.K. Eng with him);M/s M.K. Eng & Associates For the respondent - C.H. Liew (M.K. Eng with him); M/s M.K. Eng & Associates (Civil Appeal No. 02-362-93)

JUDGMENT

Peh Swee Chin SCJ:

Both the appeals have been heard together, as they involve more or less the same parties and the same subject matter. In Civil Appeal No 01-31-92 however, all the parties are together in the same appeal and it would be far more appropriate to deal with this appeal in this judgment so that decision of liability of this appeal will help us very conveniently dispose of the other appeal at the same time. The issues are really few after scrutiny of documents and submissions though they involve so many other subsidiary but not determinative of the appeals, sub-issues that put us in danger at times of being unable to see the wood for the trees.

We will now deal with Civil Appeal No 01-31-92.

Some of the few questions that arise are, (a) as to whether an order of stay of proceedings directed at the Land Administrator, the 1st respondent herein, amounts to an injunction so as to be amenable to s. 29(1)(a) of the Government Proceedings Act 1956 and also s. 54(d) of the Specific Relief Act 1950 and is therefore barred by the said sections, and (b) as to whether an order of High Court can be disobeyed with impunity and if not, apart from the consideration of conte

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