Court of Appeal Rules Against TAR Education Foundation in Land Dispute
Summary Proceedings Not Applicable
PUTRAJAYA: The Court of Appeal has ordered the Tunku Abdul Rahman College Education Foundation (TAR Education Foundation) to file a writ action to recover possession of a piece of land it owns in Setapak, Kuala Lumpur, from its present occupants.
Three-Member Bench Rules Against Foundation
A three-member bench chaired by Justice S Nantha Balan ruled that the TAR Education Foundation could not bring summary proceedings to repossess the land. In broad grounds of judgment delivered yesterday, Nantha Balan said the issues in the dispute could only be resolved at trial.
High Court Ruling Appealed
The occupiers of the land were appealing against a High Court ruling made in 2023, which identified them as squatters and ordered them to vacate the premises within 18 months.
Key Issues in Dispute
Nantha Balan said one of the issues revolved around whether the government consented or acquiesced to the occupiers staying on the land, and whether the foundation had consented to it. The foundation purchased the land from the federal territory’s land commissioner in 1979. However, the property was only registered in its name on December 4, 2002.
Historical Documents
Nantha Balan noted that in 1989, the FT religious department confirmed the establishment of a committee for the congregation at Surau Madinah in Kampung Setia Jaya, which is situated on the land. He also found that through a letter dated November 26, 2001, the Prime Minister’s Office approved a proposal for the supply of electricity to Kampung Setia Jaya.
Tenaga Nasional Bhd Electricity Poles
The court also noted that the welfare committee of Kampung Wirajaya, another village located on the land, had in 1981 requested that the federal territories ministry construct poles for the supply of power to the village. The foundation gave consent for Tenaga Nasional Bhd electricity poles to be erected on the land but placed outside the college fence and to be removed when the land is required for development.
Tacit Approval
Nantha Balan said these documents appear to suggest that the foundation may well have given its tacit approval for the occupiers to continue occupying the land until it is needed for development. However, he emphasized that this is not a firm and absolute finding by this court.
Order 89 Procedure Unsuitable
In his judgment, Nantha Balan said that the Order 89 procedure was, in all the circumstances, unsuitable as a legal process to obtain vacant possession summarily.
Writ Action Required
The judge said that if the foundation is seeking the occupiers’ eviction, it must bring a writ action to establish its case. He also said that the issue of estoppel, raised by the occupiers, would also need to be investigated at trial.
Conclusion
In conclusion, the Court of Appeal has ruled that the TAR Education Foundation cannot bring summary proceedings to evict the occupiers of the land it owns in Setapak, Kuala Lumpur. The foundation must instead file a writ action to recover possession of the land.
FAQs
Q: Why did the TAR Education Foundation bring summary proceedings against the occupiers?
A: The foundation claimed that the occupiers were squatters and sought to evict them from the land.
Q: What is the Order 89 procedure?
A: Order 89 is a legal procedure used to obtain vacant possession of land summarily.
Q: Why did the Court of Appeal reject the Order 89 procedure?
A: The court found that the issues in the dispute were too complex and could only be resolved at trial.