“The property has repeatedly been referred to as the ‘Portuguese Convent’ in all historical documents produced before this court, the name which is reflected on the Dutch title deed issued to it,” lawyer Joy Appukuttan said.

Justice Radzi Abdul Hamid was hearing a judicial review application brought by two statutory bodies – The Mother Superior of the Daughters of Charity of the Canossian Institute (Malaya) (or the Canossian Sisters), and The Agent of the Commission of the Estates of the Portuguese Missions in China and Singapore (or the Portuguese Mission).

The application names the state’s director of land titles, its director of land and mines, and the registrar of titles as respondents.

Appukuttan said Lot 6 has served as the Canossian Sisters’ dwelling place and housed orphans and boarders since 1905. He said a primary school was built on the land in 1929, and a secondary school was added in 1950.

The applicants claim to be the legal and beneficial owners of Lot 6, on which the school was built.

They want the High Court to issue a declaration confirming their ownership of Lot 6 and an order directing the respondents to take the necessary steps to issue title in their name.

“With such overwhelming evidence, the respondents cannot now claim not to have jurisdiction to grant the applicants title to the land,” Appukuttan added.

In court documents filed previously, the applicants said the title to Lot 6 was at all times held by the Portuguese Mission, while the Canossian Sisters who managed, operated and administered the Sacred Heart Convent were its beneficial owners.

They claimed the title deed, issued during the Dutch occupation of the state, was in the custody of Catholic priest Fr Alvaro Martins Corado during World War II.

The deed was lost after Corado – then the vicar for both St Peter’s Church, Melaka, and the Portuguese Convent – was arrested and imprisoned by the Japanese in 1942. He passed away in captivity two years later, the applicants claimed.

The applicants said that over the past 10 years, they had engaged in correspondence, communications and meetings with the Melaka state authorities in a bid to secure the issuance of a new title to replace the lost deed.

However, in a letter dated March 8, 2022, the state authorities claimed they did not have jurisdiction to confer title on the applicants.

The applicants filed an application for leave to bring the present proceedings in May 2022.

On Jan 6 last year, Radzi granted them leave to have the matter heard inter partes.

Appukuttan was assisted by Kelvynn Foo.

The respondents were represented by Melaka’s state legal adviser, Nor Afiah Saini.

Radzi adjourned the hearing to Sept 4, when he will hear further submissions from Appukuttan and the respondents.