JUDGMENT

Abdul Hamid Mohamad FCJ:

[1] A dispute arose regarding the entitlement to the sum of RM616,146 which was awarded as compensation for the acquisition by the State of a piece of land known as MCL 150 Lot 51 Mukim of Klebang Besar, Melaka (hereinafter referred to as "the said MCL land". The High Court gave judgment for the plaintiffs (the respondents herein). Appeal by the defendants (appellants herein) was dismissed by the Court of Appeal.

[2] This court, on 6 March 2006 granted leave to the appellants to appeal to this court on two questions:

(1) When land under Malacca Lands Customary Rights Ordinance (Cap. 125) ("the Ordinance") has been compulsorily acquired by the Government under the Land Acquisition Act 1960, does the prohibition in the Ordinance still apply to decide to whom the compensation shall be paid?; and

(2) Can the doctrine of fairness be used to override the principles of law and the Ordinance?

[3] We heard this appeal on 6 February 2007 and reserved our judgment. This is my judgment.

[4] The said MCL land was held under the Malacca Lands Customary Rights Ordinance (Cap. 125) ("the Ordinance"). Under the Ordinance, only a Malay domiciled in Malacca or a pers