Raus Sharif JCA (delivering majority judgment):

This is an appeal against the decision of Shah Alam High Court dismissing the Majlis Agama Islam Selangor’s (‘MAIS’) application for leave to intervene into the judicial review proceedings filed by owners of the residential units in Kota Kemuning and Kemuning Greenville, Shah Alam, Selangor (‘the applicants’).

In the judicial review proceedings the applicants were seeking before the High Court, inter alia, to review the decision of Majlis Bandaraya Shah Alam’s decision (‘MBSA’) in allowing a vacant land about 13.84 acres at No 5, Persiaran Anggerik Eria 31/22, Kota Kemuning, Shah Alam, Selangor (‘the vacant land’) to be used as a burial ground.

On 9 July 2008 we heard this appeal whereafter by majority, we dismissed it with costs (Abdul Malik Ishak JCA dissenting).

In essence MAIS’s application to intervene was based on the fact that MAIS had commenced an action in the Shariah High Court, Shah Alam vide Summons No 10200–07–0235 of 2007 (‘Shariah High Court Summons’) for a declaration that the vacant land is a wakaf land, and the Shariah High Court of having an exclusive jurisdiction to decide on the issue of wakaf. It was argued that unde