High Court dismisses Negri Sembilan govt's bid to evict Undangs from official halls, residences

Seremban: The nation's highest court has denied two applications from the Negri Sembilan government to evict the Undangs of Rembau and Sungei Ujong from their official halls and residences. Judge Roz Mawar Rozain, presiding over an online hearing, rejected the state's claim of legal standing to proceed under Order 89 of the Rules of Court.

According to Section 16 of the National Land Code, only the State Director of Lands and Mines can legally initiate such proceedings on behalf of the office. The government applying, Kerajaan Negeri Sembilan, neither holds ownership nor possesses the authority to sue for trespass or possession, thus failing to meet the required threshold.

The contested premises are classified as reserved land under the NLC, requiring legal action to be initiated by the PTG in the office's name. The court also determined that summary proceedings under Order 89 were unsuitable due to the state's inability to establish an immediate, unchallengeable right to possession. Roz Mawar's ruling does not grant any title or occupancy rights to the respondents, nor decide who legitimately holds the Undang positions of Rembau or Sungei Ujong.

The court simply ruled that the applicant did not prove its legal entitlement to the sought possession orders. The state government faces a RM50,000 cost order from the court for these unsuccessful applications. The rejected summonses sought immediate evictions from the Rembau Undang's Hall and Residence, and the Sungei Ujong Undang's Hall and Residence.

The government's legal team was represented by Muhammad Hariz Md Yusoff, while the respondents were represented by Choo Shi Jin and Asmawi Ismail.