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ABDUL HAMID MOHAMAD, ARIFIN ZAKARIA, AUGUSTINE PAUL
ROBERT LEE – Appellant
Versus
WONG AH YAP – Respondent
Key Points: - The case centers on who is the rightful "tuan tanah" and entitlement to compensation under the Land Acquisition Act for Malacca Customary Land (MCL) under the Ordinance, including whether sale to Tan Tai Tip was valid or void and whether compensation passes with ownership (!) (!) (!) (!) . - Whether the prohibition in the Malacca Lands Customary Rights Ordinance (Cap. 125) continues to apply to decide to whom compensation shall be paid after compulsory acquisition (!) (!) . - Whether the doctrine of fairness/equitable principles can override statutory provisions of the Ordinance and affect ownership/compensation (!) (!) (!) (!) . - The Court's conclusion that the sale to Tan Tai Tip was an outright sale but invalid under the Ordinance due to lack of qualification/certificate, and thus compensation should not recognize Tan Tai Tip's ownership; the compensation should reflect "tuan tanah" status (!) (!) (!) (!) . - The decision to allow the appeal and refund the deposit, with costs, and disagreement with equity-based overruns in the context of Malay reserve land and MCL lands (!) .
Abdul Hamid Mohamad FCJ:
[1] A dispute arose regarding the entitlement to the sum of RM616,146 which was awarded as compensation for the acquisition by the State of a piece of land known as MCL 150 Lot 51 Mukim of Klebang Besar, Melaka (hereinafter referred to as "the said MCL land". The High Court gave judgment for the plaintiffs (the respondents herein). Appeal by the defendants (appellants herein) was dismissed by the Court of Appeal.
[2] This court, on 6 March 2006 granted leave to the appellants to appeal to this court on two questions:
(1) When land under Malacca Lands Customary Rights Ordinance (Cap. 125) ("the Ordinance") has been compulsorily acquired by the Government under the Land Acquisition Act 1960, does the prohibition in the Ordinance still apply to decide to whom the compensation shall be paid?; and
(2) Can the doctrine of fairness be used to override the principles of law and the Ordinance?
[3] We heard this appeal on 6 February 2007 and reserved our judgment. This is my judgment.
[4] The said MCL land was held under the Malacca Lands Customary Rights Ordinance (Cap. 125) ("the Ordinance"). Under the Ordinance, only a Malay domiciled in Malacca or a pers
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