Roz Mawar Rozain J:

DECISION

[1]The Plaintiff seeks an order for immediate removal of the Defendant’s lodgment of private caveat on its property held under H.S.(D) 90422, PT338, Mukim Batu Daerah Kuala Lumpur Wilayah Persekutuan (the Land). This Originating Summons (OS) is filed under s 327(1)National Land Code (NLC)

[2]The Plaintiff is the registered proprietor of the Land. The Defendant is the incumbent Kepong Division UMNO Chief.

Factual Matrix

[3]The background of this case is chronologically set out as follows:

On 30.6.1991, a former director lodged the Plaintiffs Statement of Affairs. It stated that the Plaintiff is the proprietor of the Land, free from encumbrances.

On 3.7.1991, the Plaintiff was ordered to be wound up under the Companies Act 1965.

On 21.7.2022, a new Liquidator was ordered to replace the Official Receiver who was appointed when the Plaintiff was wound up.

On 18.8.2023, the Liquidator received notice for outstanding quit rent from the Director of Lands and Mines Office Federal Territory (PTG), for the Land.

On 14.10.2024, the Land was sold to Golden Park Garden Sdn Bhd (Golden Park) for a sum of RM3,000,000.00. This was through a tender process pursuant to the liquidation process. It was the only offer received at the close of the tender exercise on 13.11.2024.

On 30.4.2025 it was discovered that a private caveat had been lodged on the Land by the Defendant in his purported capacity as the Kepong Division UMNO Chief on 2.1.2025 vide presentation no. PDB23/2025 (the Private Caveat) on the basis that:

(i)On 8.8.1991, Dewan Bandaraya Kuala Lumpur (DBKL) had allegedly though a purported Developent Order allowed UMNO Kepong Division to construct a community hall and recreational centre on the Land

(ii)Application had been made to DBKL and PTJ for ownership of the Land and another plot of land under Lot 14040, PT337 Mukim Batu Daerah Kuala Lumpur Wilayah Persekutuan (PT 337) on 6.2.2015 and 9.4.2015 respectively

(iii)A single-storey management office has been constructed on the Land

(iv)The right to the Land is being given to UMNO Kepong Division and the Private Caveat is entered for the purpose of preserving his purported interest in the Land.

[4]Although the records stated that the Land is free from encumbrances, there are building structures erected. Part of the Land is being used as children’s playground and speak takraw court, even though there is no record of any arrangement made by the Plaintiff for the use of the Land by any third party. The Plaintiff has never given any consent to the purported Development Order or the construction of any building on the Land or use of the Land by UMNO Kepong Division. The Plaintiff had not given consent to the purported applications by UMNO Kepong Division for ownership of the Land.

[5]The Private Caveat has prevented the completion of the sale of Land to Golden Park. The Plaintiff claims that both parties suffered loss and damage, particularly costs and expenses incurred in dealing with and/or removing the Private Caveat. Thus far, the Plaintiff claims that the Private Caveat has and continues to delay or impede the liquidation process.

Parallel Events

[6]According to the Defendant, UMNO Kepong Division had applied to DBKL on 9.1.1991 for approval to erect a community hall on the Land. There is no such letter to corroborate this fact.

[7]What was produced by the Defendant, is a letter from the Director of Planning and Building Control Department DBKL dated 8.5.1991 in response to an application to build a community hall on an empty land in Taman Sejahtera, Kepong Kuala Lumpur. No reference was made to the Land. DBKL conveyed that it had no objections to such a proposal. This decision by the Mayor was made in DBKL’s internal meeting on 11.4.1991. UMNO Kepong Division was required to file a formal application for the construction of the community hall for the Mayor’s further consideration.

[8]On 8.8.1991 a Development Order (DO) was issued by the Planning and Building Control Department