Fauziyah bte Mohd Ahbidin v Singapore Land Authority: Striking Out Action Regarding Land Acquisition and Title Claim
In Fauziyah bte Mohd Ahbidin (executrix of the estate of Mohamed Ahbideen bin Mohamed Kassim) v Singapore Land Authority and others, the High Court of Singapore heard an application by the defendants to strike out the plaintiff's claims regarding the compulsory acquisition of land and a title claim. The plaintiff, representing her deceased father's estate, challenged the acquisition and asserted title to the land. The court struck out the entire action, finding the title claim unsustainable and the plaintiff withdrawing the land acquisition challenge claim.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Action struck out.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court struck out the plaintiff's action concerning a land acquisition challenge and a title claim, finding the title claim unsustainable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General of the Republic of Singapore | Defendant | Government Agency | Judgment for Defendant | Won | Khoo Boo Jin of Attorney-General’s Chambers Tang Shangjun of Attorney-General’s Chambers Jessie Lim of Attorney-General’s Chambers Szetoh Khai Hoe Terence of Attorney-General’s Chambers |
| Singapore Land Authority | Defendant | Government Agency | Judgment for Defendant | Won | Khoo Boo Jin of Attorney-General’s Chambers Tang Shangjun of Attorney-General’s Chambers Jessie Lim of Attorney-General’s Chambers Szetoh Khai Hoe Terence of Attorney-General’s Chambers |
| Collector of Land Revenue | Defendant | Government Agency | Judgment for Defendant | Won | Khoo Boo Jin of Attorney-General’s Chambers Tang Shangjun of Attorney-General’s Chambers Jessie Lim of Attorney-General’s Chambers Szetoh Khai Hoe Terence of Attorney-General’s Chambers |
| Fauziyah bte Mohd Ahbidin (executrix of the estate of Mohamed Ahbideen bin Mohamed Kassim (alias Ahna Mohamed Zainal Abidin bin Kassim), deceased) | Plaintiff | Individual | Claim Dismissed | Dismissed |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Colin Seow | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Khoo Boo Jin | Attorney-General’s Chambers |
| Tang Shangjun | Attorney-General’s Chambers |
| Jessie Lim | Attorney-General’s Chambers |
| Szetoh Khai Hoe Terence | Attorney-General’s Chambers |
| Thara Rubini Gopalan | TSMP Law Corporation |
| Koh Li Qun Kelvin | TSMP Law Corporation |
| Niklas Wong See Keat | TSMP Law Corporation |
4. Facts
- Plaintiff is the sole executrix of her late father, Zainal, who deceased in 2011.
- Zainal was the only child of Kassim, who deceased in 1935.
- The dispute concerns four plots of land in Siglap, presently a Muslim burial ground.
- Plaintiff claims the Siglap Land is ancestral land owned by Kassim since 1919 and established as a perpetual wakaf.
- In 1962, the Minister for Law and Health ordered the Siglap Land to vest in the Muslim and Hindu Endowments Board.
- In 1987, the government declared the Siglap Land needed for a public purpose.
- In 1989, entries were made indicating the Siglap Land had vested in the State.
5. Formal Citations
- Fauziyah bte Mohd Ahbidin (executrix of the estate of Mohamed Ahbideen bin Mohamed Kassim (alias Ahna Mohamed Zainal Abidin bin Kassim), deceased)vSingapore Land Authority and others, Suit No 152 of 2019, [2019] SGHCR 12
6. Timeline
| Date | Event |
|---|---|
| Kassim deceased | |
| Order made by the Minister for Law and Health vesting the Siglap Land in the Muslim and Hindu Endowments Board | |
| Grant of letter of administration to Zainal for Kassim’s estate | |
| Property vested in the Majlis under section 6(2) of the Administration of Muslim Law Act | |
| Declaration published in the Government Gazette Extraordinary that the Siglap Land is needed for a public purpose | |
| Entries made in the Index of Lands indicating that the Siglap Land had vested in the State | |
| Zainal deceased | |
| Plaintiff's solicitors sent a letter of demand | |
| Writ of Summons filed | |
| Statement of Claim filed | |
| Hearing of the Application | |
| Judgment Reserved |
7. Legal Issues
- Striking Out
- Outcome: The court granted the striking out application.
- Category: Procedural
- Sub-Issues:
- No reasonable cause of action
- Scandalous, frivolous or vexatious
- Abuse of court process
- Validity of Wakaf
- Outcome: The court found the plaintiff's claim regarding the invalidity of the wakaf to be unsustainable.
- Category: Substantive
- Sub-Issues:
- Applicability of Hanafi school of Islamic law
- Inter vivos disposition of property
- Beneficial interest in wakaf property
- Time Bar
- Outcome: The court did not address the issues concerning time bar.
- Category: Procedural
- Sub-Issues:
- Doctrine of laches and acquiescence
- Limitation Act
- Recovery of land
8. Remedies Sought
- Restoration of ownership of the Siglap Land
9. Cause of Actions
- Defective compulsory acquisition of land
- Claim of title to land
10. Practice Areas
- Litigation
- Striking Out
- Land Acquisition
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ahmad Kasim bin Adam (suing as an administrator of the estate of Adam bin Haji Anwar and in his own personal capacity) v Moona Esmail Tamby Merican s/o Mohamed Ganse and others | High Court | Yes | [2019] 1 SLR 1185 | Singapore | Cited to support the argument that the Land Acquisition Challenge Claim should be dealt with by way of judicial review proceedings. |
| Majlis Ugama Islam Singapura v Saeed Salman and another | Court of Appeal | Yes | [2016] 2 SLR 26 | Singapore | Cited for the definition of wakaf under domestic law as the permanent dedication by a Muslim of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable. |
| Lonrho Plc and others v Fayed and others (No 5) | Court of Appeal (UK) | Yes | [1993] 1 WLR 1489 | England and Wales | Cited for the principle that an action not brought bona fide for the purpose of obtaining relief but for some ulterior or collateral purpose is liable to be struck out for constituting an abuse of court process. |
| Gabriel Peter & Partners v Wee Chong Jin | Court of Appeal | Yes | [1997] 3 SLR(R) 649 | Singapore | Endorsed the principle in Lonrho Plc v Fayed regarding abuse of court process and striking out actions. |
| Drummond-Jackson v British Medical Association | Court of Appeal (UK) | Yes | [1970] 1 All ER 1094 | England and Wales | Cited in Gabriel Peter & Partners v Wee Chong Jin for the principle that claims must have some chance of success to avoid being struck out. |
| The “Bunga Melati” 5 | Court of Appeal | Yes | [2012] 4 SLR 546 | Singapore | Cited for the test of whether a claim or action should be struck out under Order 18 Rule 19(1)(b) of the Rules of Court depends on whether the claim or action is plainly or obviously unsustainable. |
| Shafeeg bin Salim Talib and another v Fatimah bte Abud bin Talib and others | High Court | Yes | [2010] 2 SLR 1123 | Singapore | Cited to distinguish past local case authorities involving Muslims of the Shafi’i school of Islam where the Court of Appeal and the High Court recognised that while a Muslim testator only has the power under Mohammedan Law to dispose of not more than one-third of his property at the time of death, he has complete freedom to dispose of all his property inter vivos (ie, during his lifetime). |
| Mohamed Ismail bin Ibrahim and another v Mohammad Taha bin Ibrahim | High Court | Yes | [2004] 4 SLR(R) 756 | Singapore | Cited to distinguish past local case authorities involving Muslims of the Shafi’i school of Islam where the Court of Appeal and the High Court recognised that while a Muslim testator only has the power under Mohammedan Law to dispose of not more than one-third of his property at the time of death, he has complete freedom to dispose of all his property inter vivos (ie, during his lifetime). |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Administration of Muslim Law Act | Singapore |
| Land Acquisition Act | Singapore |
| Limitation Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Wakaf
- Siglap Land
- Compulsory acquisition
- Title Claim
- Striking out
- Laches
- Acquiescence
- Hanafi school of Islam
- Shafi’i school of Islam
- Inter vivos disposition
15.2 Keywords
- land
- acquisition
- wakaf
- Islamic law
- trust
- striking out
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Striking out | 90 |
| Civil Practice | 75 |
| Wakaf Law | 65 |
| Property Law | 60 |
| Muslim Law | 50 |
| Trust Law | 40 |
| Administrative Law | 30 |
| Statutory Interpretation | 25 |
16. Subjects
- Land Acquisition
- Trusts
- Islamic Law
- Civil Procedure