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1998 MarsdenLR 2680

KANG HWEE GEE
SYKT PERUSAHAAN SERI CONNOLLY SDN BHD – Appellant
Versus
PENGARAH TANAH DAN GALIAN NEGERI PERAK – Respondent


Advocates:
David Chai ( Chai & Partners) for the appellant.
Abdul Wahab bin Said Ahmad (State Legal Adviser) and Shahidani bin Abdul Aziz (Senior Federal Counsel) for the respondents.

JUDGMENTBY: KANG HWEE GEE J

This is an appeal by the appellant Sykt Perusahaan Seri Connolly Sdn Bhd by way of an originating motion against the refusal of the Pengarah Tanah dan Galian, Perak to issue a qualified title to the appellant. The appeal is made purportedly under s 418 of the National Land Code 1965 which reads as follows:

Appeals to the Court

(1) Any person or body aggrieved by any decision under this Act of

the State Director, the Registrar or any Land Administrator may,

at any time within the period of three months beginning with the

date on which it was communicated to him, appeal therefrom to the

Court.

(2) Any such appeal shall be made in accordance with the provisions

of any written law for the time being in force relating to civil

procedure; and the Court shall make such order thereon as it

considers just.

(3) In this section decision includes any act, omission, refusal,

direction or order.

The alleged omission or refusal was in respect of the appellants application for a piece of land known as Lot 72656 from the State Authority.

To apprec

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