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Ruling Relates To Preliminary Objection Only

KOTA KINABALU:  Kota Kinabalu City Hall clarified that the appeal before the Court of Appeal on Tuesday, 17 January 2017, was only concerning the preliminary objection on unclean hands raised by the lawyers for City Hall, Central Board and the developer with regards to the application for judicial review filed by the Applicants against these three parties pertaining to the condominium development in Signal Hill.

City Hall's Complaint and Public Relations Department, in a statement issued, explained that the High Court in Kota Kinabalu had, in December 2015, dismissed the judicial review application on the basis that the Applicants had come to court with unclean hands. The High Court found that the Applicants themselves had illegally occupied and encroached into the open space belonging to the State which stood between their houses and the development, by building permanent structures as part of their houses, and no building approvals for such permanent structures had been produced by them.

 On appeal, the Applicants succeeded in having the High Court decision on this preliminary objection overturned by the Court of Appeal last Tuesday, but no reasons for doing so had been given by the Court of Appeal.  A spokesperson from City Hall's Complaint and Public Relations Department confirmed that City Hall will be appealing against the decision of the Court of Appeal. Meanwhile, the application for judicial review filed by the Applicants will be sent back to the High Court for it to be dealt with and decided by the court on the substance of the application. The spokesperson added  that the Occupation Certificate for the completed condominium development had been issued by City Hall in March 2016.