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1983 MarsdenLR 268

ABDUL HAMID, MOHAMED AZMI, HASHIM YEOP A SANI
PEMUNGUT HASIL TANAH DAERAH BARAT DAYA (BALIK PULAU) PULAU PINANG – Appellant
Versus
KAM GIN PAIK – Respondent


Advocates:
Saari bin Yusof (Legal Adviser, Penang) for the appellant.
Karpal Singh ( Balwant Singh Purba with him) for the respondent.

JUDGMENTBY: HASHIM YEOP A SANI FJ

(delivering the Judgment of the Court): This is an appeal against the judgment of the High Court Penang in Originating Motion No. 16 of 1980. The learned judge made the following orders:--

(1) GN 89 dated March 30, 1972 in respect of the applicants lands

together with all subsequent proceedings including the enquiry before the

Collector and the award of the Collector and all subsequent proceedings be

quashed;

(2) Any acquisition or taking into possession of the applicants lands by

the Collector be declared null and void and that the Registrar of Land Titles

Penang to do everything necessary to expunge such entry or entries from the

Interim Register of Titles or Document of Titles;

(3) That the Collector do deliver possession of the lands back to the

owners.

There are many grounds of appeal but considered collectively the grounds are fourfold.

(1) That the allegation of denial of natural justice to the owners of the

land in the enquiry before the Collector is without basis. The finding of the

learned judge in the Originating Motion to the effect that the owners of the

land were denied natural justice was therefore wrong.

(2) Since the

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