Esso Malaysia Sdn Bhd, the plaintiffs herein, apply by way of originating summons for an order that they do recover possession of the lands held under Grant No 7485 Lot No 231 and Grant No 7486 Lot No 233 both in Section 13 Kota Bharu, Kelantan or otherwise known as Section 13 Lorong Minyak Gas Kota Bharu, Kelantan ('the said lands') on the ground that the plaintiffs are entitled to possession of the said lands as the person or persons in occupation thereof are occupying without licence or consent of the plaintiffs. It is to be noted that the application is for recovery of the lands only and does not include the plant as is made out to be in the English translated version of the originating summons.

The said application is made pursuant to O 89 of the Rules of the High Court 1980 ('the RHC') which provides for summary proceedings for recovering possession of land in circumstances set out therein. The originating summons is supported by the affidavits of Encik Mohd Shah bin Haji Hamzah, the plant and terminal manager of the plaintiffs. An affidavit sworn by the second defendant on behalf of all the defendants, strongly resisting the plaintiffs' said application, has a