mohamed said v fatimah..pptx

8/13/2019 Mohamed Said v Fatimah..pptx

1/10

Case Presentation

Mohamed Said v Fatimah[1962] MLJ 328

Zati Kamilia Bt Zubir (LEB 120102)

Goh Jen Nie (LEB 120105)

Wong Chan Hwa (LEB 120099)


2/10

Facts: 18/12/1956: Appellant was granted a Temporary Occupation

Licence (TOL).

TOL gives the holder thereof exclusive possession of the landthe subject matter of the licence during the period for whichthe licence is expressed to be valid (from the date of issue -December 31 of the year of issue).

3/3/1957: A paid the annual payment which was required bythe licence to have the possession.

A made no annual payment for 3 consecutive years (1958,1959and 1960) but he made payment for those 3 years on10/9/1960.

A paid annual payment for 1961 on 5/7/1961.

During this time, the R remained on the land.

A brought an action for trespass on May 6, 1961, against therespondent.


3/10

Issues:

1. Whether the TOL confers a TOL holder (Appellant) the possession andinterest of the land.

2. Whether the Appellant was the TOL holder when the summon wasissued.


4/10

Whether TOL confers exclusive right andinterest to the holder.

Case: Julaika Bivi v Mydin An action for ejectment in an action of trespass will lie at the instance of

the holder of a TOL.

1. Licence must confer upon the licensee the exclusive right to occupythe land in respect to which the licence is issued to the exclusion ofanyone else.

2. During the period for which the licence is valid, the licensee has aright to immediate and exclusive possession to the land.

3. Conclusion: A, so long as he was the holder a current of TOL, had an

undoubted right to commence an action for trespass against the R.


5/10

Whether A = TOL holder?when the summon was issued.

Rule 11(1) Land Rules provides:

1. Every licence shall expire not later than 31stday of December inrespect of the year for which it was issued.

2. The licence form should be substantially in the form found inschedule V to the Land Rules.

* In fact, the form used and issued to A is not exactly as set out in theschedule.


6/10

A licence is only valid for the period commencing with the paymentrequired by the form until the 31stDecember in each year.

The Actual form prescribed in Schedule V states:This licence is not valid beyond 31.12.56 unless renewed. If

renewed a separate official receipt showing the period of validity of therenewal must be obtained for each renewal.


7/10

Payment is required as a condition precedent for the grant of theoriginal licence

Payment is also required as condition precedent of renewal of thelicence in respect of the same land.

The receipt of payment is required to show the period of validity, as therenewal must date from the date of payment only.


8/10

If a licensee does not make payment before or on 1st January in anyyear, the licence expires and he is in unlawful possession of the land.

Even though late payment is made, the validity of the renewed licence

will not be backdated but commences from the date of payment.

Conclusion: A was not the person who entitled to possession of the landwhen the summon was issued.


9/10

CONCLUSION

TOL gives the holder exclusive possession of the land and the subjectmatter of the licence during period for which the licence is expressedto be valid. (from the date of issue to the 31stDecember of the yearof issue)

If the licence is renewed, the period of the licence confers the

exclusive possession to the licensee is that commences from the dateof payment is made to 31st December of the year of renewal sincemonetary payment is a condition precedent to the grant of anylicence and its renewal.


10/10

OpinionsWe agree with the judgment by the Court of Appeal that at that time theappellant had no right to the possession of the land and could not have

instituted an action against the respondent for trespass .

Temporary Occupation Licence:

gives the holder thereof exclusive possession of the land the subject

matter of the licence during the period for which the licence isexpressed to be valid which is from the date of issue to December 31stof the year of the issue. If the licence is renewed, the period for whichthe renewed licence gives exclusive possession to the licensee must,since a monetary payment is a condition precedent to the grant of anylucence or renewal thereof, commence at the date when the payment ismade.

Issued over State land and no one is permitted to occupy State landwithout leave and to do so constitutes an infringement of section 151 ofthe Land Code and renders such a person liable to prosecution and onconviction to punishment by the Criminal Courts.

mohamed said v fatimah..pptx

Documents