JUDGMENT

Syed Ahmad Idid J:

Will the island of Wilayah Persekutuan Labuan have a Golf Course come the New Year 1993? Can the Kelab Golf Labuan (The Kelab) continue to have the "legal, equitable and beneficial interests" in the 74.68 acres on which the club complex stand? The Court is asked by the defendant to strike out the plaintiffs' claims to the above interests and to set aside the Court order, i.e. an injunction which restrains the defendant from interfering with the plaintiffs' "occupation, enjoyment or use" of the land.

The Kelab's Legal Adviser had opined that "Datuk (or defendant) has a right to take a Court order to evict the Club members but an injunction can be taken to protect us and this matter will take a long time to sort out." Accordingly, the Kelab applied for an injunction on 11 March 1991. This was granted two days later on 13 March 1991. If the Court holds that the defendant is entitled to the land, then plaintiffs will face eviction and they will be turned away from the Club premises. Defendant will take the land and either develop it or, from what he says in his letters, sell it. Defendant (Datuk Harris) as shareholder with 3,425,000 shares/ director of Seja