JUDGMENT

Avinder Singh Gill Ranjit Singh JC:

Decision On Enclosures 125, 137 And 140

[1] There are three Applications before me in Enclosures ['Encl'] 125, 137 and 140. These Applications are filed by three individuals, namely Zaiton binti Markaya ['Zaiton'] for E Encl 125, Normah binti Md Yusof ['Normah'] for E Encl 137, and Roriah binti Rasid ['Roriah'] for E Encl 140.

[2] In all Applications, the applicants seek to intervene in this Suit to set aside an Order dated 2 June 2023, which granted the main applicant, Small Medium Enterprise Development Bank Malaysia Bhd ['SME'], a sum of RM1,292,134.65 as the compensation sum awarded for the acquisition of land held under GRN 76881, Lot 1404, Bandar Kuala Lumpur ['the said land']. This Order is found in Encl 123 of the court file.

[3] I shall refer to all three applicants as 'the Proposed Intervenors' as all three applicants seek the same relief.

[4] As stated above, the Proposed Intervenors sought to be allowed to intervene, to set aside the Order of 2 June 2023, and challenge the merits of SME's Application, and seek liberty to make further Applications.

[5] From the Affidavits filed by the Proposed Intervenors, Zaiton in Encl 126, Normah in Encl 138 and Roriah in Encl 141, it is evident that all the Proposed Intervenors echo similar sentiments and seek the same relief in all three Applications.

[6] In Encl 123, the sums ordered to be paid to SME was broken down as follows:

a. RM393,737.70 for Unit 9-3, where the beneficial owner is Zaiton: para 29.1 in Encl 126.

b. RM384,237.70 for Unit 3-4, where the beneficial owner is Normah: para 34.1 in Encl 138.

c. RM514,159.25 for Unit 3-1, where the beneficial owner is Roriah: para 34.1 in Encl 141 (Exhibit RR-1 pp 15-16 Encl 141).

The Factual Background

[7] There were 40 units of apartments constructed on the said land.

[8] The Proposed Intervenors claim these compensation sums on the basis that they had all purchased one Unit each from Aritah Realty Sdn Bhd ['Aritah'] and had paid the full purchase price. This construction came to be known as 'Wisma Aritah'.

[9] Aritah failed to apply for Strata Titles for the individual units, and it was discovered that the Munir & Sons Sdn Bhd ['Munir'] had, in 2016, issued a Distress over all the Units in Wisma Aritah to recover an alleged sum of RM840,000.00 owed by Aritah to Munir.

[10] A search was conducted, and it was discovered that the Master Title had been transferred by Aritah to Munir in 2014, and that this was subsequently charged to SME.

[11] The issue of SME's rights as Chargee came to be decided by the court of Appeal in the decision of Wan Noor Kamariah Wan Jaafar v. Aritah Realty Sdn Bhd & Ors And Other Appeals; [2021] 8 CLJ 693. ['Wan Noor Kamariah']

[12] From the Affidavits and the Exhibits in the Encl 126, Encl 138 and Encl 141, the following can be discerned:

a. Aritah had constructed Wisma Aritah and sold individual Units to various parties, three of whom are the Proposed Intervenors here.

b. By a Notice dated 19 April 2018, issued pursuant to s 16 of the Land Acquisition Act 1960 ['LAA'], Zaiton was recognised as the beneficial owner of Unit 9-3. The compensation sums of RM393,737.70 was awarded to her. This Notice is found in Exhibit ZM-5 of Encl 126.

c. By a Notice dated 9 April 2018, issued pursuant to s 16 of the LAA, Normah together with Norlia binti Yusof were recognised as the beneficial owners of Unit 3-4. The compensation sums of RM384,237.70 was awarded to her. This Notice is found in Exhibit NMY-1 of Encl 138.

d. By a Notice dated 19 April 2018 issued pursuant to s 16 of the LAA, Roriah was recognised as the beneficial owner of Unit 3-1. The compensation sums of RM514,159.25 was awarded to her. This Notice is found in Exhibit RR-1 of Encl 141.

e. All these compensation sums were deposited in court by the following Orders of the High court:

i. Zaiton: by Suit No: WA-24NCVC-1995-10/2015 dated 15 October 2018, as seen on pp 63-64 of Encl 126.

ii. Normah: by Suit No: WA-24NCVC-2005-10-2018 dat