High Court dismisses Kg Sungai Baru residents' appeal against eviction

• The residents’ counsel, Datuk Rosal Azimin Ahmad, said that one of the grounds for the dismissal was that the eviction had already been executed.

KUALA LUMPUR (Oct 3): The High Court on Friday dismissed an appeal by 23 residents of Kampung Sungai Baru to set aside a prior court decision dismissing their application to stay a writ of possession issued on June 4.

The residents’ counsel, Datuk Rosal Azimin Ahmad, said that one of the grounds for the dismissal was that the eviction had already been executed.

"The Court today dismissed the appeal with costs of RM10,000," he told the media after proceedings in chambers before judge Su Tiang Joo. The proceedings were also attended by another lawyer representing the residents, Azura Mokhtar.

However, Rosal Azimin said the residents have been granted an opportunity to write to the developer's solicitors to request permission to retrieve their belongings from the properties.

"We will seek further instructions from our clients. The statutory time limit for filing an appeal is 30 days," he said.

According to the notice of appeal obtained by the media, the 23 residents are appealing against High Court senior assistant registrar Qasiratul Jannah Usmani Othman’s decision to dismiss their application to stay a writ of possession issued on June 4 and its enforcement on July 15.

The residents, acting as the appellants, named the developer KL City Gateway Sdn Bhd (formerly known as Ritzy Gloss Sdn Bhd) as the respondent in the appeal.

On Sept 11, media reports described a tense situation that arose at Kampung Sungai Baru after several residents facing eviction refused to vacate their homes.

The land acquisition process for Kampung Sungai Baru, which involves 67 terrace houses and 14 apartment blocks, known as Pangsapuri Sungai Baru, commenced in 2016.

As Penang girds itself towards the last lap of its Penang2030 vision, check out how the residential segment is keeping pace in EdgeProp’s special report: PENANG Investing Towards 2030.