The civil suit between SEA Housing Corporation and the Selangor Land Office over Sea Park Apartments’ access road will be delayed further, after its case management session two days ago on 17th October.
This is because the Selangor state’s legal team has yet to receive the grounds for judgement for the earlier court decision which reverted ownership of the access road back to Yap Say Tee, according to information received from the legal team.
At the previous case management on 17th July 2023, the Selangor state legal team had requested for the written judgement in order to prepare the state’s appeal.
The court has set 11th January 2024 as the date for the next case management. In is unclear whether the court has given any instructions or deadline for the ground for judgement to be prepared.
Written judgements are prepared by the presiding judges of each case. In the civil suit over the access road, the presiding judge was Muniandy A/L Kannyappan.
The civil suit was brought by SEA Housing Corp in response to the state Land Office’s seizure of the access road land in 2016.
The delay in the court decision means ownership of the access road is still contested.
Background of the civil suit over the access road
On 3 March 2016, the Selangor Land Office filed a Borang 6A notice under the National Land Code, demanding unpaid land taxes for Lot 8914 – the long ring-shaped plot of land surrounding the car park lands in the middle of Sea Park Apartments.
The Borang 6A notice demanded RM101,323.20 in unpaid taxes from the registered owner of the land, SEA Housing Corporation.
The Selangor Land Office subsequently filed a Borang 8A notice to seize the land, on 2 November 2016.
SEA Housing Corporation responded by filing a civil suit against the Selangor Land Office, seeking, amongst others, declarations that the Borang 6A and Borang 8A notices are not valid, and that the ownership of the land be returned to SEA Housing Corporation.
SEA Housing Corporation also delegated power of attorney to Yap Say Tee, the current registered landowner of the disputed common areas in Sea Park Apartments. This means that while SEA Housing Corporation is the named plaintiff of the case, it is Yap Say Tee who is in fact arguing the case through his lawyers.
According to court documents, SEA Housing Corporation’s reasoning for this is that they considered the access road land to have been sold along with the common areas to Yap in 2008. Yap has accepted the delegation of power of attorney.