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Monday, January 8, 2018

Husam obtains injunction pending appeal over land eviction



Salor assemblyperson Husam Musa today obtained an Erinford injunction from the High Court in Kota Bharu following a suit filed against him to vacate the land where he has built his service centre, Wisma Tok Guru.
His lawyer and Sepang MP Mohd Hanipa Maidin said with the injunction given by Judicial Commissioner Ahmad Bache, things remain status quo until Husam's appeal is heard.
“The situation is as before PAS allegedly bought the land under the name of state party organising secretary Mohd Yasin Yusof,” he said in a Facebook posting.
An Erinford injunction is commonly given pending an appeal or an application for leave to appeal.
It was previously reported last November that Husam failed to get an injunction against an eviction order to vacate the land after he had filed the suit against PAS.
Wisma Tok Guru, besides housing Husam's service centre, is also Amanah Kelantan's headquarters, the party he joined last year after being expelled from PAS.
Husam, when contacted, told Malaysiakini that if PAS wants to use the building to hold special prayers, they are welcome to do so.
“They can have the solat hajat II, III or IV and I welcome them to do so. But they (PAS) should stop interrupting our programmes,” he said.
Relating facts of the case, Hanipa said the land was owned by former Salor assemblyperson from Umno, Ahmad Rosli Ibrahim, who before passing away had joined PAS.
Rosli had bought the land and put it under his wife's name. He then allowed Husam to build his service centre there.
Hanipa said Husam with his own money constructed a three-storey building along with a hall and named it Wisma Tok Guru.
When Husam was sacked from PAS, he asked Rosli about the status of the land and the building and the former assemblyperson said it was not a problem as he had bought the land in his personal capacity and it had nothing to do with PAS.
Husam, according to Hanipa, asked for the matter to be made official and a letter of authorisation was given to Husam though the letter was under Rosli's wife's name, who is the registered owner of the property.
Rosli then passed away and the land was sold to Yasin from PAS for RM700,000.
After the land title changed, Husam was asked to vacate the land. He proceeded to file an originating summons against PAS seeking a declaration that he has the right to occupy the land on the concept of equity as he was not an illegal settler after obtaining the authorisation.
Meanwhile, Yasin had also filed a suit against Husam asking him to vacate the premises.- Mkini

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