Subscribe in a reader | Subscribe by Email The Federal Court struck out the second leave application (with cost) by the residents of Kg Buah Pala today, in an unanimous decision. Hindraf Uthayakumar was at the court as well.
The court ruled as follows:
Arifin ruled that the question which the residents wanted the Federal Court to determine — whether they have the locus standi (legal standing) to institute legal proceedings against the cooperative and the developer — could not be raised at the apex court because that issue was never raised at the lower courts.
On the issue of indefeasibility of the title of the land, Arifin said the Court of Appeal had ruled that the alienation to the cooperative was proper and legal.
He said the residents could have raised the title issue before the previous Federal Court panel but had failed to do so.
“Therefore, they cannot raise it now,” Arifin said.
In other words, they are considered as tresspassers and have to vacate the land now, as ruled by the court in June. Can they go back to lower court and file another appeal or suit to decide on the locus standi and land title?
Anyway, since DPM Muhyiddin has given the residents some sort of hope, perhaps there is still light at the end of the tunnel.
