Husam loses bid to bar Kelantan PAS from access to building

PUTRAJAYA: Parti Amanah Negara (Amanah) vice-president Datuk Husam Musa lost his bid to bar Kelantan PAS from accessing the Wisma Tok Guru building in Kota Baru, Kelantan, where he has set up his service centre.

In dismissing Husam's appeal, Court of Appeal judge Justice P. Nalini, who chaired the three-man panel, said they were satisfied that the High Court judge did not err in rejecting Husam's application for an interlocutory injunction on Nov 16, last year.

Justice Nalini said there was no need for the court to intervene with the High Court's findings and instructed Husam to pay RM10,000 in costs.

The court unanimously held that the doctrine of equity on the physical building relied on by Husam was not applicable in this case.

.Justice Nalini said the doctrine of equity only applied to the previous owner of the property and could not be extended to the new owner Mohd Yasin Yusoff.

Husam had filed an appeal against the Kota Baru High Court's dismissal of his application for an interlocutory injunction.

A team of lawyers led by Datuk Seri Gopal Sri Ram acted for Husam while Tun Salleh Abbas appeared for Mohd Yasin.

He sought the injunction order pending disposal of two main suits at the Kota Baru High Court which have been fixed for mention on Sunday (July 8).

The previous owner of the property was the late ex-Salor assemblyman Ahmad Rosli Ibrahim.

Ahmad Rosli had purchased the land and put it under his wife's name. He later allowed Husam to set up his service centre.

Husam built a three-storey building and a hall. He then named it as Wisma Tok Guru.

After being sacked from PAS, Husam asked Rosli about the status of the property and Rosli assured him that it had nothing to do with PAS as he (Rosli) bought the land in his personal capacity.

When Rosli died, the land was sold to Mohd Yasin, who is PAS executive secretary, for RM700,000.

Husam filed an originating summons against PAS seeking a declaration that he has the right to occupy the land after the transfer of ownership.

Mohd Yasin also filed a suit against Husam ordering him to vacate the premises.- Star