JUDGMENT

Steve Ritikos JC:

(In Respect Of Encl 5)

The Application

[1] The Plaintiff's application vide the Amended Originating Summons in Enclosure 5 for summary possession of the land held under CL 115509683 measuring approximately 16.10 hectares (40 acres) situated at Sg Sahabat Tendu, District of Lahad Datu, Sabah ("the said Land") under O 89 Rules of 2012.

[2] For ease of reference, the cause papers in this application are:

(1) The Plaintiff's Originating Summons dated 21 October 2024 [Enclosure 1];

(2) The Plaintiff's Affidavit in Support affirmed by Datu Mohd Ali Bin Datu Pullah on 16 October 2024 [Enclosure 2] ("AIS");

(3) The Plaintiff's Amended Originating Summons dated 20 January 2024 [Enclosure 5] ("Amended OS");

(4) The Defendant's Affidavit in Opposition affirmed by Alberto Bin Domingo on 31 January 2025 [Enclosure 7] ("AIO");

(5) The Plaintiff's Affidavit in Reply affirmed on 19 February 2025 [Enclosure 8] ("AIR"); and

(6) Defendant's Rebuttal affirmed on 7 April 2025 [Enclosure 9] ("Rebuttal")

Brief Facts Of Case

[3] The Plaintiff is the appointed administrator of the piece of land known as LA No 20-01110013 pursuant to a Syariah Court Order dated 9 October 2008 (see Exhibit "