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2025 MarsdenLR 6481

Karambunai Corp Bhd & Ors – Appellant
Versus
Ag Damit bin Ag Tengah – Respondent


Table of Content
1. dispute concerns registered land interest. (Para 1 , 2 , 5)
2. defendant's actions were aggressive against plaintiffs' rights. (Para 3 , 4)
3. issues regarding jurisdiction and res judicata arose. (Para 6 , 8 , 9)
4. shariah courts lack jurisdiction over land disputes involving non-muslims. (Para 10 , 11 , 12)
5. civil court affirmed its role to protect fundamental rights. (Para 24 , 33)

Case Summary

Civil Procedure — Jurisdiction of court — High Court — Land dispute — Interference of registered interest land by obtaining various ex parte orders from Shariah Court — Orders set aside by Shariah Court — Whether impugning orders obtained lawfully — Whether present claim res judicata because impugned orders had been set aside — Whether action academic — Whether civil court had power to consider matter within exclusive jurisdiction of Shariah Court

The dispute in this case concerned the Karambunai land in Tuaran (‘the said land’) where the second plaintiff’s resort was located on. The plaintiffs contended that the defendant had surreptitiously interfered with their registered interest in the land by obtaining various ex parte orders from the Shariah Court. The Shariah Court

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