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2022 MarsdenLR 1213

COURT OF APPEAL MALAYSIA PUTRAJAYA
ABDUL LATIF PUTEH & ORS – Appellant
Versus
PENTADBIRAN TANAH JAJAHAN PASIR MAS & ANOR – Respondent


Petitioner Advocates:Mohd Nor Azam Rashid Zainol Rashid,Mohd Nasir Abdullah,Nor Wajihah Che Mansor ,Respondent Advocate: Adam Mohamed @ Mamat

JUDGMENT

Darryl Goon Siew Chye JCA:

[1] This was an appeal against the decision of the High Court in striking out the Appellants' Writ of Summons and Statement of Claim and, consequently, their action against the Respondents upon the latter's application.

[2] The Respondents were the 1st and 2nd Defendants in the action, namely the Pentadbir Tanah Jajahan Pasir Mas and Kerajaan Negeri Kelantan respectively, and their application to strike out the Appellants' action against them, which was in Enclosure 29, was made invoking O 18 r 19(a), (c) and/or (d) of the Rules of 2012 and the inherent jurisdiction of the Court.

[3] After considering the submissions of counsel for the parties, both written and oral, the Appellants' appeal was dismissed with nominal costs.

[4] It should be mentioned that two other appeals were heard at the same time as the appeal at hand. The other two appeals were also appeals brought by the Appellants against the decision of the High Court in striking out their action against the other Defendants. These other appeals were also dismissed with costs.

Background

[5] There were 348 Appellants in all and of whom 161 had brought this action in their personal capacity whil


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