Court dismisses appeal by Kg Sungai Baru residents over vacant possession

Court dismisses appeal by Kg Sungai Baru residents over vacant possession

The residents are ordered to pay RM10,000 in costs to developer KL City Gateway Sdn Bhd.

The residents’ lawyer, Rosal Azimin Ahmad, said his clients will file an appeal at the Court of Appeal.
KUALA LUMPUR:
A group of 23 Kampung Sungai Baru terrace house residents have failed in their bid to set aside the High Court senior assistant registrar’s decision to dismiss their application for a stay of an order for vacant possession.

Their lawyer, Rosal Azimin Ahmad, said Justice Su Tiang Joo made the ruling in chambers after hearing submissions from lawyers representing the residents and developer KL City Gateway Sdn Bhd.

“The judge dismissed our appeal on the basis that the writ had already been enforced and noted the commotion that occurred during the enforcement process,” Rosal told reporters, adding that the residents would file an appeal at the Court of Appeal.

The court also ordered costs of RM10,000 to be paid to the developer.

Senior assistant registrar Qasiratul Jannah Usmani Othman issued the writ on June 4 and dismissed the residents’ bid to stay its execution on July 15.

The Kampung Sungai Baru redevelopment project, initiated in 2016, covers 64 terrace houses and 264 PKNS flats but was delayed due to legal challenges, compensation disputes, and resistance from some residents.

Tensions flared during a protest when residents clashed with the police as they attempted to stop the authorities from enforcing the writ of vacant possession.

A commotion broke out at Kampung Sungai Baru, a smaller village enclave within Kampung Baru itself, when the authorities evicted residents from 37 houses on Sept 11, with 14 homeowners refusing to vacate their homes.

Dang Wangi police chief Sulizmie Affendy Sulaiman was struck on the head by an object allegedly flung by a member of a group opposing the evictions.

Kuala Lumpur police chief Fadil Marsus said the authorities were executing a writ of vacant possession issued by the court for the 37 terrace houses.

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