KUALA LUMPUR: The High Court here has dismissed the appeal by 23 residents of Kampung Sungai Baru to stay the High Court’s decision that instructed them to vacate their homes.
Lawyer Datuk Rosal Azimin Ahmad told the press that High Court judge Justice Su Tiang Joo dismissed the appeal during an in-chamber proceeding here yesterday.
Justice Su made the order of dismissal with RM10,000 in costs.
Rosal Azimin, who represented the terrace home owners, said the dismissal was based on the grounds that the vacant possession of the premises is currently ongoing.
“However, we are given a chance to write to the developer’s lawyers for permission to allow the residents to enter the home so they can retrieve belongings that are still inside.
“There is a time limit for us to file an appeal (at the Court of Appeal), so we will file an appeal within 30 days,” he said.
In the notice of appeal, the residents appealed a decision by Senior Assistant Registrar Qasiratul Jannah Usmani Othman, who had dismissed their application to stay a writ of vacant possession issued on June 4, as well as the writ execution on July 15.
The group of residents named the developer company KL City Getaway as the respondent in the appeal.
On Sept 15, the police, along with various enforcement agencies, executed the order for vacant possession on 26 individuals occupying 37 units of terrace houses at Kampung Sungai Baru, near here.
