AHMAD IBRAHIM KULLIYYAH OF LAWS

STUDENT GUIDELINES ON ORAL PRESENTATION

FORMATS FOR LAND LAW I TUTORIALS
Each group will form a legal firm and will be assigned a tutorial question to attempt
according to the oral presentation formats below. Each group will be assessed by
your tutor according to the following scale:
1= Poor 3 = Satisfator! " = E#$%%$&t
'= B$%o( A)$ra*$ + = Goo,
ORAL-PRESENTATION FORMATS TO BE APPLIED FOR LAND LAW
a) Debate
b) Mini-Moot
c) Client Counseling
d) Legal Skit
e) Consultancy Presentation
f) Talk Show/ Forum/ Panel Discussion.
a) DEBATE A MOTION
METHOD:
A Motion will be given in the tutorial question.
!am"le:
Hold a debate on the following motion:
The present National Land Code 196 is not a !o"plete !ode#
$roposed %or"at: &ritish $arlia"entar' ()v)* + ) tea"s
$oints o% ,n%or"ation will be allowed.
-ebaters are en!ouraged to use an' "aterials su!h as posters. photos. graphs.
!harts.et!. to support their argu"ents.
/a!h spea0er will be given )12 "ins. to spea0.
Ad3udi!ators: The rest o% the !lass.
Chairperson and ti"e0eeper: "e"bers o% the group
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b) MINI MOOT
The tutorial problem will be in the form of a High Court udgment to be appealed from. !roup
members must ta"e on the role of counsel for the appellant and respondent and prepare
submissions to be heard in the #ppeal Court. $ne interpreter and one udge. %udge must lay down
his udgment and reasons thereof.
Court decorum is to be obser&ed at all times. 'ind out the proper manner of addressing the court
and how to submit in court.
Not$- (emember this is a )*+* moot, thus your presentations must be tailored to finish by 1-
minutes, not more.
c) CLIENT COUNSELING
METHOD-
1. (ead the problem to the class before commencing the session so that your class
can be tuned into the problem before the session begins. *ntroduce your group
members and the roles that they will be playing.
.. Client wal"s into the law office for the first time, meets two lawyers who welcome him.
Client relates problem for - minutes. /awyers ad&ise for - minutes.
0. Client lea&es office and lawyers ha&e a post1 inter&iew reflection to reflect on important
legal issues arising from the problem. 2- )inutes)
21 secretary, . lawyers, 1 or . clients, time1"eeper)
Tips for effective client-counseling:
1) 3e genuine in your concern about your client.
.) (eflect your client4s feelings and concerns.
0) $bser&e professional legal ethics.
5) 6mile and maintain eye1contact with the client.
-) #s" open questions at the beginning and closed questions nearing the end.
7) !i&e a clear e8planation of the client4s legal position but do not confuse the client with
legal argon.
9) :o gi&e the client alternati&e courses of action;options.
<) :o not gi&e false assurances to the client when it seems that he has a wea" case.
.
d) LEGAL SKIT
METHOD-
'rom the tutorial question gi&en, prepare a script for 51- characters to play a role in performing
the s"etch to e8plain certain legal concepts. e.g. Through a legal s"it, e8plain your
understanding of =fi8tures4 as opposed to =chattels4.
+ote: :on4t forget costumes 2must co&er aurah>) and props. to ma"e it more interesting>
e) CONSULTANCY PRESENTATION
)ETH$::
'rom the tutorial question, pretend that you are a legal consultant for a company that
wants you to sol&e the problem.
?repare a =cutting1edge4 presentation to present to your client on how you propose to
sol&e the problem. e.g. power1point, adobe, etc.
. consultants, . clients 2must as" questions prepared before1hand), 1 helper;time"eeper
f. TALKSHOW/ FORUM
'rom the tutorial problem, plan a tal"show or forum where members of the group play the role of
discussants. 'eel free to pretend to be professionals and e8perts e.g. professors, industy =big1
wigs4, noted scholar, minister, etc. There must be one moderator. The discussion should re&ol&e
around issues raised by the tutorial question.
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AHMAD IBRAHIM KULLIYYAH OF LAWS
INTERNATIONAL ISLAMI0 UNI1ERSITY MALAYSIA
TUTORIAL 2UESTIONS
LAND LAW 1 3LAW 3314.
SEMESTER ' 3'411/ '41'.
TUTORIAL 1 5 INTRODU0TION 3L$*a% S6it a&, Ta%6s7o(.
1. ?repare a /egal 6"it to e8plain the following concepts:
1) $wnership &. ?ossession
.) /egal *nterest in /and and Equitable *nterest in /and
.. Hold a debate on the following motion:
@This house belie&es that the *slamic principle of Ihya-al-Mawat cannot be
applied in )alaysiaA
TUTORIAL ' 5 MALAYSIAN TORRENS SYSTEM
3Ta%6s7o(/ For89
1. ?repare a forum where the panel members discuss the e&olution of )alaysian
land law from the 6traits 6ettlements to the passing of the +ational /and Code
1B7- on 1
st
%anuary 1B77.
.. :emonstrate through a legal s"it, the )irror ?rinciple and the Curtain ?rinciple of
the Torrens system.
TUTORIAL 3 : DEFINITION OF LAND 30%i$&t 0o8&s$%i&*.
1. *n #ugust .C1C, )ayang 6ari e8ecuted a charge in fa&our of *"hwan 3an",
secured upon a piece of land in ?ort Dlang. This land is a rubber estate. The land
as stated in the charge was to carry with it the store, factory, bungalow and
se&eral houses erected thereon. Two months later, )ayang 6ari replaced the old
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machine in the factory with a new one. The new machine was brought from
!elora 2)) 6dn. 3hd. 2=!elora4) under a hire1purchase agreement for
()1CC,CCC. $ut of a total sum of ()1CC,CCC, a sum of ()-C,CCC is still owing
to the company from )ayang 6ari. )ayang 6ari subsequently had difficulty in
complying with the terms of the charge. The price of rubber had gone down and
)ayang 6ari was unable to pay the monthly instalments for the loan on time.
6ometimes, )ayang 6ari could not e&en pay the instalments for se&eral months.
*"hwan 3an" ser&ed on )ayang 6ari a +otice of :emand threatening to file a
charge action. #lthough )ayang 6ari had appealed to *"hwan 3an" not to begin a
charge action, *"hwan 3an" has recently applied to the High Court for an order
for sale of )ayang 6ari4s land. !elora came to "now about this and immediately
informed *"hwan 3an" not to include the machine in their application to court.
!elora claims that they still retain the ownership of the machine because of the
unpaid balance of purchase price. *"hwan 3an" disagreed and claimed that the
machine, which was affi8ed to the floor of the factory by bolts and nuts, is a
fi8ture and forms part of the land and has accordingly passed as security to them
along with the premise, gi&ing them priority as a legal chargee.
The managing director of !elora now comes to your firm for legal ad&ise on
whether !elora is able to get an order from the court to reco&er possession of the
machine.
TUTORIAL ": E;TENT OF OWNERSHIP AND EN<OYMENT
3L$*a% S6it.
Enact a legal s"it to e8plain and find a solution to the following problems:
1. $ne day while )a" %ah and her husband were rela8ing in their garden, leaflets
ad&ertising a car1boot sale floated down from the s"y and fell all around their
garden. 3oth noticed a plane flying low o&er their house that had apparently
dropped the leaflets. )a" %ah is annoyed and feels li"e suing the airplane
company for flying &ery low and disturbing her peace. They tal" to their
niece;nephew, a law student in **E) who has learnt land law, on the matter.
.. En. :in was digging in the &egetable patch in his garden one fine morning when
his sho&el hit something hard. He dug deeper and to his surprise he disco&ers an
old sil&er goblet. He was ecstatic and planned to gi&e it to his wife ?uan #nne for
their wedding anni&ersary tomorrow. Hoping to find more &aluables, he dug some
more and to his amaFement, he found coal. He meets with his friend, Darim, a
lawyer, for ad&ise on whether he can "eep the goblet and mine the coal.
0. ?uan #ishah owns a large bungalow near 3u"it !asing. *n her garden, she has a
nice pond filled with e8otic fish and an a&iary full of e8otic birds. $ne day, she
noticed that the &acant lot ne8t to her house was being de&eloped. Tractors and
-
lorries came and began earthwor"s. Ghen she enquired with the contractors, they
told her that they were building a three storey bungalow for Tuan #li, the new
owner of the land. # wee" later, piling wor"s began on the land. ?uan #ishah
became e8tremely worried when she saw crac"s de&eloping on her concrete fence
directly adoining her neighbor4s land. 6he called Tuan #li and e8plained her
worry about the wor" and her crac"ed concrete fence. Tuan #li said that she need
not worry as all precautions ha&e been ta"en on the wor"site and that Tuan #li
will as" his wor"ers to repair the crac"s soon. The ne8t day, after hea&y rain the
night before, ?uan #ishah wo"e up to a damaged pond with all her fish ha&ing
escaped out of the pond and died as the ban"s of the pond had burst. The concrete
fence had also collapsed, causing the a&iary to be damaged and all her birds ha&e
flown out and gone. ?uan #ishah wishes to sue Tuan #li for lost of right of
support and consults her sister, a lawyer, practicing in 6ingapore about this
possibility.
TUTORIAL = : RIGHTS AND POWERS OF STATE AUTHORITY
30o&s8%ta&! Pr$s$&tatio& a&, 0%i$&t 0o8&s$%i&*.
1. *n :ecember .CC<, a group of 6audi in&estors has appointed your legal firm to
ad&ise them on how the 6tate #uthority alienates land in )alaysia, the categories
of land use, &ariation of land use and the types of titles under the +ational /and
Code 1B7-. They are eyeing a piece of agriculture land in the *s"andar )alaysia
region to be de&eloped into a commercial comple8. ?repare a consultancy
presentation to present your findings to them.
.. The 6tate #uthority of 6elangor had alienated 5 acres of land in the :istrict of
!omba" to )uhammad, for the purpose of constructing low cost flats, houses and
factories to boost the economic growth of the 6tate. *n order to carry out its
obect, )uhammad entered into a oint &enture with a pri&ate de&eloper, 6*#?
6dn. 3hd. 2@the de&eloperA). #lthough the said land belonged to the 6tate at all
material times prior to the alienation, it was not &acant as 1CC squatters were
li&ing on the land. )uhammad and the de&eloper brought the matter to court and
prayed for an order by way of summary udgment to order these occupants to
&acate the land. The order for &acant possession was obtained against them.
Howe&er, only half of the occupants &acated the land, while others remained in
occupation. Those who remained on the land claimed that they had occupied the
land since 1B79. They did not only build bric" houses on the land but also
commenced fish farming, where they recei&ed assistance from the :epartment of
#griculture and 'isheries. The 6tate e&en constructed a mosque on the land. The
6elangor 6tate !o&ernment then issued notices to these occupants to &acate the
land with no compensation. )eanwhile, these occupants appointed Dhir to be
their representati&es to challenge the court order as well as the notices issued by
the 6tate #uthority. Dhir came to see you and see"s your ad&ice. He also would
li"e to "now whether they are entitled to any compensation.
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TUTORIAL > 5 TEMPORARY O00UPATION LI0EN0E 30%i$&t 0o8&s$%i&*.
6iti has been running a stall selling )alay food on a plot of land in Dg. 3atu #rang
which she rents for ().CC a month from 6amy, who holds a temporary occupation
licence. 3usiness has been good and she built a bigger premise to attract her customers.
The following year, 6iti sells the premise to (osmah as 6iti had to go bac" to her
hometown to loo" after her sic" mother. (osmah continues paying monthly rent to 6amy.
$ne month ago. 6amy informs (osmah that she must &acate the land as his temporary
occupation licence has been terminated by the 6tate #uthority. The /aw 6tudents 6ociety
of #hmad *brahim Dulliyyah of /aws has opened a one day /egal Clinic in Dg. 3atu
#rang community hall. (osmah comes to the legal clinic and as"s the following
questions:
i) Ghether the 6tate #uthority can terminate the temporary occupation licenceH
ii) Ghether the sale of the premise to her was &alid as the premise was built on
T.$./. landH
iii) Ghat would be the legal consequence if she continues operating the business
on the landH
i&) *f she has to &acate the land, whether she can claim compensation for the
building on the land and from whomH
TUTORIAL ? 5 DISPOSAL OF LAND BY ALIENATION 30o&s8%ta&! Pr$s$&tatio&.
The state go&ernment of ?era" has decided to alienate land in perpetuity to residents of
new &illages in the state. These residents used to hold 7C year leases. The 'ederal
:epartment of /ands and )ines appoints your legal firm to present a Consultancy
?resentation on @?owers of the 6tate #uthority to #lienate /and and *ssue TitlesA with
the ultimate focus on the question of whether or not the 6tate #uthority has power to gi&e
land in perpetuity to those holding 7C year leases as is proposed by the state go&ernment
of ?era". *n&estigate the issue and prepare a ?ower point presentation to address the issue
and present your suggestions.
TUTORIAL @ 5 FORFEITURE 3Mi&i:Moot.
The appellant, Cemerlang :e&elopment 3hd. 2=the company4) bought a piece of a land
held under the category =agriculture4 and was registered as the proprietor in .CC1. $ne
year later it constructed a huge four storey comple8 on the land for the purpose of
manufacturing tyres. *n %une .CC<, the company recei&ed a notice from the /and
#dministrator informing it as follows:
i. That the company has committed a breach of condition on the landI
ii. That the breach arose in that:
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The use of the land for industrial purposes in breach of the category of
land use =agriculture4
The four storey building constructed on the land was in breach of an
implied condition under the +ational /and Code 1B7-.
iii. That the company was to appear before the /and #dministrator on 1-th
6eptember .CC9 to show cause why a fine should not be imposed on it.
The company did not send any representati&e to the land office on the appointed date. *n
$ctober .CC9, the company recei&ed another notice from the /and #dministrator to again
appear before the /and #dministrator on B
th
'ebruary .CC< to show cause why the /and
#dministrator should not declare the land forfeit to the 6tate. The company continues to
ignore this notice. $n 0C
th
%uly .CC7, the company recei&es yet another notice informing
it that its land has been declared forfeit to the 6tate #uthority and has ta"en effect on the
date of such notice.
The appellant now appeals to the High Court against the decision of the /and
#dministrator. The appellant contends that the /and #dministrator had not followed the
proper procedure for forfeiture and that the forfeiture pro&isions under the +ational /and
Code, 1B7- are unconstitutional. The respondent 2/and #dministrator) contends that the
forfeiture proceedings were proper and the appellant had appealed out of time.
?repare your submissions.
TUTORIAL 14 5 LAROW AND EASEMENT 3G$&$ra% Dis8ssio&.
1. *n 1BBC, Haleem, a contractor bought a piece of land in ?ort :ic"son, a
landloc"ed piece of land, located near Telu" Demang beach. Haleem "new that he
has no other access to the beach, the main road and e&en the nearest town, e8cept
through a winding and slippery . "ilometres road. *n .CCC he found out that there
is an alternati&e route through his neighbour4s compound in order to reach his
destination easily. He was happy because one of the land affected belongs to his
long lost friend, (aFeef, whom he had "nown for years. (aFeef has been staying
there since 1BB- and has said nothing about Haleem passing through his land.
(ecently Haleem4s daughter had refused (aFeef4s son4s proposal to marry. :ue to
that incident (aFeef has now his pre&ented Haleem passing through his land.
Howe&er he agreed to allow (aFeef to use his land pro&ided that such path
arrangement would not allow any lorries and tractors owned by Haleem to pass
through as they might cause some disturbance to his family businessI breeding
species of butterfly for e8port. Haleem is in a dilemma and see"s your legal
ad&ice on whether he would be able to ha&e a right of way under the abo&e
circumstances.
<
.. #meena had two pieces of land in Elu 3endul, ?ahang. 6he sold one of the land
to #lam 3uana Construction 6dn. 3hd. 2@#lam 3uanaA) on 1
st
%anuary .CC7.
Clause ** of the sale and purchase agreement pro&ided as follows:
@This sale is subect to the right of way to #meena as the owner of the
neighbouring land to pass and repass from her land to the public highwayA
#fter the said transaction, #meena complained that #lam 3uana had failed to
create an easement of way. +otwithstanding numerous requests by #meena, #lam
3uana refused to comply with clause ** of the agreement. #ccording to #meena,
during the negotiations for sale #lam 3uana had promised her to pro&ide for a
right of way. 6he relied on that promise when she entered into the said agreement.
'urther, there was e&idence of the conduct of #lam 3uana in submitting its
original layout plans for the building scheme on the property which pro&ided for
the access road to run alongside the common boundary separating the adacent lot
belonging to #meena. The rele&ant authorities had appro&ed this plan. Howe&er,
later in the amended plan, no such access road was included. #lam 3uana insisted
its strict legal rights by relying on its indefeasibility of title. *t claimed that there
was no registration of right of way in the statutorily prescribed form under the
+ational /and Code 1B7-, nor was there a pri&ate ca&eat entered by #meena to
protect her claim.
#d&ise #meena.
TUTORIAL 11 5 DEALINGS AND INDEFEASIBILITY OF TITLE 3L$*a% S6$t7A
0%i$&t 0o8&s$%i&* a&, D$Bat$.
1. Esing the material facts in the case of Mohamad bin Buyong v PHT Gombak
J1B<.K . )/% -0 and pro&isions of the +ational /and Code 1B7-, act out a legal
s"etch to demonstrate how the registrar effects registration under the +ational
/and Code, 1B7-.
.. 6ham is the only son of )ona. )ona owned a house in (awang. $ne day, 6ham
informed )ona that he wanted to borrow ()1CC,CCC from a ban". The ban"
wanted security for the loan. 6ham as"ed )ona whether she would consent to her
house being charged to the ban" as security for the loan. He promised to settle the
loan within . years. )ona agreed. Ghile the discussion was going on, Dulop, a
close friend of 6ham was present and heard the discussion.
6ham too" )ona to the legal firm of Haru L Co. and introduced Haru to )ona.
Haru said:AMour son has gi&en me all the instructions. * am in a hurry. ?lease sign
the documents. #ll payments will be made to your son.A )ona signed the
documents and returned home.
B
6i8 months later, Dulop came to )ona4s house and informed her that she had to
&acate the house immediately. @Ghy should * lea&e the houseHA )ona
enquired.AMou sold the house to me. Mou signed the transfer at Haru4s office. *
paid your son ()1CC,CCC. * am now the registered owner and would li"e to mo&e
in soon.A
)ona was shoc"ed. 6he contacted her brother #hmad and informed him that she
did not "now the document she signed was a transfer form. #dam immediately
rushed to haru4s office to enquire about the matter.
Haru informed #dam that:
a) 6ham told him that )ona intended to sell the house to Dulop for ()1CC,CCC.
b) He 2Haru) was acting for Dulop.
c) )ona came to his office and signed the transfer form and a letter authoriFing
him to release all payments to 6ham.
d) 6ham had gi&en him 2Haru) the original document of title to the house. The
payment of ()1CC,CCC had been released to 6ham.
e) The house was transferred and registered in the name of Dulop.
#dam informed )ona of the abo&e and ad&ised )ona to see" proper legal ad&ise.
)ona comes to see you and wishes to "now whether she can cancel the transfer to
Dulop and be reinstated as the original land owner. #d&ise )ona.
0. # motion is proposed in ?arliament as follows:
@)alaysia applies the concept of immediate indefeasibility and +$T deferred
indefeasibilityA
:ebate the abo&e motion.
TUTORIAL 1': LEASE C TENAN0Y 30%i$&t 0o8&s$%i&*.
1. :r. 6usie had an oral agreement with %ohan in 'ebruary .CC< where :r. 6usie
agreed to allow %ohan to occupy an office space behind her clinic for the purpose
of operating a tuition centre. *t was agreed that %ohan would pay :r. 6usie ()<CC
e&ery month. The toilet and stairs leading to the clinic and shop were shared and
:r. 6usie held the "ey to the property. :r. 6usie had told %ohan that he could
occupy the office space until the end of the year. Three months later. :r. 6usie
ga&e notice to %ohan informing %ohan that he had to quit the premises as she 2:r.
6usie) had decided to e8pand her clinic and needed the space occupied by %ohan
as soon as possible to begin reno&ation wor"s. %ohan is of the opinion that :r.
1C
6usie cannot as" him to lea&e as she had initially agreed to allow him to stay until
the end of the year. #d&ise %ohan.
.. Enact a legal s"etch to illustrate the concepts of =tenancy coupled with equity4 and
=tenancy by estoppel4.
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