SEREMBAN: The High Court has dismissed two applications by the Negri Sembilan government seeking an immediate eviction involving the official halls and residences of the Undang of Rembau and Undang of Sungei Ujong.
Judge Roz Mawar Rozain ruled through online proceedings that the state government lacked legal standing (locus standi) to initiate the proceedings under Order 89 of the Rules of Court.
She said Section 16 required the proceedings to be instituted by the state director of Lands and Mines in the name of the office.
"The first respondent's arguments emphasise that the applicant here, Kerajaan Negri Sembilan, has neither the registered ownership nor the statutory capacity to sue for trespass or possession.
"Thus, it was argued that the appellant has not established either title or a right to possession, which consequence is that the threshold under Order 89 Rules of Court was not satisfied," she said during the proceedings here on Monday (Aug 24).
The court ruled that the disputed premises are classified as reserved land under the National Land Code (NLC), rather than ordinary state land.
Under Section 16(1)(c) of the NLC, any legal action regarding alleged trespass or wrongful occupation of reserved land must be initiated by the state director of Lands and Mines in the name of their office on behalf of the state authority, not directly by the state government.
The court further held that summary proceedings under Order 89 were inappropriate as the applicant failed to prove an immediate, unchallengeable right to possession, raising triable issues regarding proper statutory authorisation.
Roz Mawar clarified that the finding does not confer any title or right of occupation upon the first respondents in either suit, nor does it determine who is the rightful Undang Rembau or the rightful Undang Sungei Ujong.
"It determines only that the applicant named in this proceeding before me has not established its own legal entitlement to the order for possession sought. And that the proper statutory rule (if any) must be pursued by the correctly named under Section 16(1)(c) of NLC.
"I am dismissing this application without prejudice to proceedings being commenced by the proper statutory claimant or by any other person who can establish an independent and subsisting right to possession under our NLC," she added.
The High Court ordered the Negri Sembilan government to pay RM25,000 in costs for each suit, amounting to a total of RM50,000 to the respondents.
Previously, the Negri Sembilan government filed an originating summons seeking an immediate eviction order for the Rembau Undang's hall and official residence, as well as the Sungei Ujong Undang's hall and official residence. – Bernama
