KUALA LUMPUR – A Chinese temple involved in an eviction suit by the Federal Territories Islamic Religious Council (MAIWP) has applied for an extension to file its defence.
As the defendant in the suit, the Taman Sri Kuching Na Tok Kong Temple claims it was not properly informed of the legal proceedings.
On January 9, MAIWP filed for an eviction order under Order 89 of the Rules of Court 2012 at the Kuala Lumpur High Court naming the temple, Datuk Asai Worshippers Association, and Taman Sri Kuching Welfare Association as defendants.
Following an affidavit sworn by Law Teck Hwa who represents the Datuk Asai Worshippers’ Association and the Taman Sri Kuching Welfare Association, the defendants claimed they were unaware of the suit until they received a letter from MAIWP’s lawyers on February 23 regarding an online hearing scheduled for March 10.
Additionally, Law claims that the associations were not presented with the documents that have already been filed in court.
“The court documents were never in the possession of both defendants.
“Given that the Na Tok Kong Temple is a place of worship that is visited by various people constantly, both defendants are not able to confirm whether the court papers were handed over to anyone,” Law’s affidavit said.
It was also pointed out that all committee members from the worshippers’ and welfare associations are senior citizens who are unable to read Malay or English.
This, Law says, resulted in both defendants not being able to fully comprehend the urgency of the letter received on February 23, which resulted in the defendants’ delayed response to the suit.
“Both defendants were only able to obtain the court documents after appointing a lawyer and an online file search was performed.
“Thus, both defendants require an extension of time to file the affidavit-in-reply,” Law said.
On March 26, The Vibes reported that MAIWP was seeking to evict the Na Tok Kong Temple, claiming that the land upon which it is built belongs to the council.
The council claims that conditions pertaining to the land require that it be used only for surau or other activities related to the Islamic faith.
So far, based on documents submitted to court, MAIWP is indeed named owner of the premises according to land ownership documents. – The Vibes, April 25, 2023
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