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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:
3 = Satisfactory
2= Below Average
4 = Good
5 = Excellent
ORAL-PRESENTATION FORMATS TO BE APPLIED FOR LAND LAW
c) Client Counseling
d) Legal Skit
e) Consultancy Presentation
f) Talk Show/ Forum/ Panel Discussion.
a) DEBATE A MOTION
A Motion will be given in the tutorial question.
Hold a debate on the following motion:
“The present National Land Code 1965 is not a complete code”
Proposed format: British Parliamentary (2v2) = 2 teams
Points of Information will be allowed.
Debaters are encouraged to use any materials such as posters, photos, graphs,
charts,etc. to support their arguments.
Each speaker will be given 2-3 mins. to speak.
Adjudicators: The rest of the class.
Chairperson and timekeeper: members of the group
b) MINI MOOT
The tutorial problem will be in the form of a High Court judgment to be appealed from. Group
members must take on the role of counsel for the appellant and respondent and prepare
submissions to be heard in the Appeal Court. One interpreter and one judge. Judge must lay down
his judgment and reasons thereof.
Court decorum is to be observed at all times. Find out the proper manner of addressing the court
and how to submit in court.
Note: Remember this is a MINI moot, thus your presentations must be tailored to finish by 15
minutes, not more.
c) CLIENT COUNSELING
1. Read the problem to the class before commencing the session so that your class
can be tuned into the problem before the session begins. Introduce your group
members and the roles that they will be playing.
2. Client walks into the law office for the first time, meets two lawyers who welcome him.
Client relates problem for 5 minutes. Lawyers advise for 5 minutes.
3. Client leaves office and lawyers have a post- interview reflection to reflect on important
legal issues arising from the problem. (5 Minutes)
(1 secretary, 2 lawyers, 1 or 2 clients, time-keeper)
Tips for effective client-counseling:
1) Be genuine in your concern about your client.
2) Reflect your client’s feelings and concerns.
3) Observe professional legal ethics.
4) Smile and maintain eye-contact with the client.
5) Ask open questions at the beginning and closed questions nearing the end.
6) Give a clear explanation of the client’s legal position but do not confuse the client with
7) Do give the client alternative courses of action/options.
8) Do not give false assurances to the client when it seems that he has a weak case.
d) LEGAL SKIT
From the tutorial question given, prepare a script for 4-5 characters to play a role in performing
the sketch to explain certain legal concepts. e.g. Through a legal skit, explain your understanding
of ‘fixtures’ as opposed to ‘chattels’.
Note: Don’t forget costumes (must cover aurah!) and props. to make it more interesting!
e) CONSULTANCY PRESENTATION
From the tutorial question, pretend that you are a legal consultant for a company that
wants you to solve the problem.
Prepare a ‘cutting-edge’ presentation to present to your client on how you propose to
solve the problem. e.g. power-point, adobe, etc.
2 consultants, 2 clients (must ask questions prepared before-hand), 1 helper/timekeeper
f) TALKSHOW/ FORUM
From the tutorial problem, plan a talkshow or forum where members of the group play the role of
discussants. Feel free to pretend to be professionals and experts e.g. professors, industy ‘bigwigs’, noted scholar, minister, etc. There must be one moderator. The discussion should revolve
around issues raised by the tutorial question.
AHMAD IBRAHIM KULLIYYAH OF LAWS
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
LAND LAW 1 (LAW 3310)
SEMESTER 2 (2011/ 2012)
TUTORIAL 1 – INTRODUCTION (Legal Skit and Talkshow)
1. Prepare a Legal Skit to explain the following concepts:
1) Ownership v. Possession
2) Legal Interest in Land and Equitable Interest in Land
2. Hold a debate on the following motion:
“This house believes that the Islamic principle of Ihya-al-Mawat cannot be
applied in Malaysia”
TUTORIAL 2 – MALAYSIAN TORRENS SYSTEM
1. Prepare a forum where the panel members discuss the evolution of Malaysian
land law from the Straits Settlements to the passing of the National Land Code
1965 on 1 st January 1966.
2. Demonstrate through a legal skit, the Mirror Principle and the Curtain Principle of
the Torrens system.
TUTORIAL 3 - DEFINITION OF LAND (Client Counseling)
1. In August 2010, Mayang Sari executed a charge in favour of Ikhwan Bank,
secured upon a piece of land in Port Klang. This land is a rubber estate. The land
as stated in the charge was to carry with it the store, factory, bungalow and
several houses erected thereon. Two months later, Mayang Sari replaced the old
machine in the factory with a new one. The new machine was brought from
Gelora (M) Sdn. Bhd. (‘Gelora’) under a hire-purchase agreement for
RM100,000. Out of a total sum of RM100,000, a sum of RM50,000 is still owing
to the company from Mayang Sari. Mayang Sari subsequently had difficulty in
complying with the terms of the charge. The price of rubber had gone down and
Mayang Sari was unable to pay the monthly instalments for the loan on time.
Sometimes, Mayang Sari could not even pay the instalments for several months.
Ikhwan Bank served on Mayang Sari a Notice of Demand threatening to file a
charge action. Although Mayang Sari had appealed to Ikhwan Bank not to begin a
charge action, Ikhwan Bank has recently applied to the High Court for an order
for sale of Mayang Sari’s land. Gelora came to know about this and immediately
informed Ikhwan Bank not to include the machine in their application to court.
Gelora claims that they still retain the ownership of the machine because of the
unpaid balance of purchase price. Ikhwan Bank disagreed and claimed that the
machine, which was affixed to the floor of the factory by bolts and nuts, is a
fixture and forms part of the land and has accordingly passed as security to them
along with the premise, giving them priority as a legal chargee.
The managing director of Gelora now comes to your firm for legal advise on
whether Gelora is able to get an order from the court to recover possession of the
TUTORIAL 5- EXTENT OF OWNERSHIP AND ENJOYMENT
Enact a legal skit to explain and find a solution to the following problems:
1. One day while Mak Jah and her husband were relaxing in their garden, leaflets
advertising a car-boot sale floated down from the sky and fell all around their
garden. Both noticed a plane flying low over their house that had apparently
dropped the leaflets. Mak Jah is annoyed and feels like suing the airplane
company for flying very low and disturbing her peace. They talk to their
niece/nephew, a law student in IIUM who has learnt land law, on the matter.
2. En. Din was digging in the vegetable patch in his garden one fine morning when
his shovel hit something hard. He dug deeper and to his surprise he discovers an
old silver goblet. He was ecstatic and planned to give it to his wife Puan Anne for
their wedding anniversary tomorrow. Hoping to find more valuables, he dug some
more and to his amazement, he found coal. He meets with his friend, Karim, a
lawyer, for advise on whether he can keep the goblet and mine the coal.
3. Puan Aishah owns a large bungalow near Bukit Gasing. In her garden, she has a
nice pond filled with exotic fish and an aviary full of exotic birds. One day, she
noticed that the vacant lot next to her house was being developed. Tractors and
lorries came and began earthworks. When she enquired with the contractors, they
told her that they were building a three storey bungalow for Tuan Ali, the new
owner of the land. A week later, piling works began on the land. Puan Aishah
became extremely worried when she saw cracks developing on her concrete fence
directly adjoining her neighbor’s land. She called Tuan Ali and explained her
worry about the work and her cracked concrete fence. Tuan Ali said that she need
not worry as all precautions have been taken on the worksite and that Tuan Ali
will ask his workers to repair the cracks soon. The next day, after heavy rain the
night before, Puan Aishah woke up to a damaged pond with all her fish having
escaped out of the pond and died as the banks of the pond had burst. The concrete
fence had also collapsed, causing the aviary to be damaged and all her birds have
flown out and gone. Puan Aishah wishes to sue Tuan Ali for lost of right of
support and consults her sister, a lawyer, practicing in Singapore about this
TUTORIAL 6 - RIGHTS AND POWERS OF STATE AUTHORITY
(Consultancy Presentation and Client Counseling)
1. In December 2008, a group of Saudi investors has appointed your legal firm to
advise them on how the State Authority alienates land in Malaysia, the categories
of land use, variation of land use and the types of titles under the National Land
Code 1965. They are eyeing a piece of agriculture land in the Iskandar Malaysia
region to be developed into a commercial complex. Prepare a consultancy
presentation to present your findings to them.
2. The State Authority of Selangor had alienated 4 acres of land in the District of
Gombak to Muhammad, for the purpose of constructing low cost flats, houses and
factories to boost the economic growth of the State. In order to carry out its
object, Muhammad entered into a joint venture with a private developer, SIAP
Sdn. Bhd. (“the developer”). Although the said land belonged to the State at all
material times prior to the alienation, it was not vacant as 100 squatters were
living on the land. Muhammad and the developer brought the matter to court and
prayed for an order by way of summary judgment to order these occupants to
vacate the land. The order for vacant possession was obtained against them.
However, only half of the occupants vacated the land, while others remained in
occupation. Those who remained on the land claimed that they had occupied the
land since 1967. They did not only build brick houses on the land but also
commenced fish farming, where they received assistance from the Department of
Agriculture and Fisheries. The State even constructed a mosque on the land. The
Selangor State Government then issued notices to these occupants to vacate the
land with no compensation. Meanwhile, these occupants appointed Khir to be
their representatives to challenge the court order as well as the notices issued by
the State Authority. Khir came to see you and seeks your advice. He also would
like to know whether they are entitled to any compensation.
TUTORIAL 7 – TEMPORARY OCCUPATION LICENCE (Client Counseling)
Siti has been running a stall selling Malay food on a plot of land in Kg. Batu Arang
which she rents for RM200 a month from Samy, who holds a temporary occupation
licence. Business has been good and she built a bigger premise to attract her customers.
The following year, Siti sells the premise to Rosmah as Siti had to go back to her
hometown to look after her sick mother. Rosmah continues paying monthly rent to Samy.
One month ago. Samy informs Rosmah that she must vacate the land as his temporary
occupation licence has been terminated by the State Authority. The Law Students Society
of Ahmad Ibrahim Kulliyyah of Laws has opened a one day Legal Clinic in Kg. Batu
Arang community hall. Rosmah comes to the legal clinic and asks the following
i) Whether the State Authority can terminate the temporary occupation licence?
ii) Whether the sale of the premise to her was valid as the premise was built on
iii) What would be the legal consequence if she continues operating the business on
iv) If she has to vacate the land, whether she can claim compensation for the building
on the land and from whom?
TUTORIAL 8 – DISPOSAL OF LAND BY ALIENATION (Consultancy Presentation)
The state government of Perak has decided to alienate land in perpetuity to residents of
new villages in the state. These residents used to hold 60 year leases. The Federal
Department of Lands and Mines appoints your legal firm to present a Consultancy
Presentation on “Powers of the State Authority to Alienate Land and Issue Titles” with
the ultimate focus on the question of whether or not the State Authority has power to give
land in perpetuity to those holding 60 year leases as is proposed by the state government
of Perak. Investigate the issue and prepare a Power point presentation to address the issue
and present your suggestions.
TUTORIAL 9 – FORFEITURE (Mini-Moot)
The appellant, Cemerlang Development Bhd. (‘the company’) bought a piece of a land
held under the category ‘agriculture’ and was registered as the proprietor in 2001. One
year later it constructed a huge four storey complex on the land for the purpose of
manufacturing tyres. In June 2008, the company received a notice from the Land
Administrator informing it as follows:
i. That the company has committed a breach of condition on the land;
ii. That the breach arose in that:
The use of the land for industrial purposes in breach of the category of
land use ‘agriculture’
The four storey building constructed on the land was in breach of an
implied condition under the National Land Code 1965.
iii. That the company was to appear before the Land Administrator on 15th
September 2007 to show cause why a fine should not be imposed on it.
The company did not send any representative to the land office on the appointed date. In
October 2007, the company received another notice from the Land Administrator to again
appear before the Land Administrator on 9th February 2008 to show cause why the Land
Administrator should not declare the land forfeit to the State. The company continues to
ignore this notice. On 30 th July 2006, the company receives yet another notice informing
it that its land has been declared forfeit to the State Authority and has taken effect on the
date of such notice.
The appellant now appeals to the High Court against the decision of the Land
Administrator. The appellant contends that the Land Administrator had not followed the
proper procedure for forfeiture and that the forfeiture provisions under the National Land
Code, 1965 are unconstitutional. The respondent (Land Administrator) contends that the
forfeiture proceedings were proper and the appellant had appealed out of time.
Prepare your submissions.
TUTORIAL 10 – LAROW AND EASEMENT (General Discussion)
1. In 1990, Haleem, a contractor bought a piece of land in Port Dickson, a
landlocked piece of land, located near Teluk Kemang beach. Haleem knew that he
has no other access to the beach, the main road and even the nearest town, except
through a winding and slippery 2 kilometres road. In 2000 he found out that there
is an alternative route through his neighbour’s compound in order to reach his
destination easily. He was happy because one of the land affected belongs to his
long lost friend, Razeef, whom he had known for years. Razeef has been staying
there since 1995 and has said nothing about Haleem passing through his land.
Recently Haleem’s daughter had refused Razeef’s son’s proposal to marry. Due to
that incident Razeef has now his prevented Haleem passing through his land.
However he agreed to allow Razeef to use his land provided 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 business; breeding
species of butterfly for export. Haleem is in a dilemma and seeks your legal
advice on whether he would be able to have a right of way under the above
2. Ameena had two pieces of land in Ulu Bendul, Pahang. She sold one of the land
to Alam Buana Construction Sdn. Bhd. (“Alam Buana”) on 1st January 2006.
Clause II of the sale and purchase agreement provided as follows:
“This sale is subject to the right of way to Ameena as the owner of the
neighbouring land to pass and repass from her land to the public highway”
After the said transaction, Ameena complained that Alam Buana had failed to
create an easement of way. Notwithstanding numerous requests by Ameena, Alam
Buana refused to comply with clause II of the agreement. According to Ameena,
during the negotiations for sale Alam Buana had promised her to provide for a
right of way. She relied on that promise when she entered into the said agreement.
Further, there was evidence of the conduct of Alam Buana in submitting its
original layout plans for the building scheme on the property which provided for
the access road to run alongside the common boundary separating the adjacent lot
belonging to Ameena. The relevant authorities had approved this plan. However,
later in the amended plan, no such access road was included. Alam Buana insisted
its strict legal rights by relying on its indefeasibility of title. It claimed that there
was no registration of right of way in the statutorily prescribed form under the
National Land Code 1965, nor was there a private caveat entered by Ameena to
protect her claim.
TUTORIAL 11 – DEALINGS AND INDEFEASIBILITY OF TITLE (Legal Sketch,
Client Counseling and Debate)
1. Using the material facts in the case of Mohamad bin Buyong v PHT Gombak
 2 MLJ 53 and provisions of the National Land Code 1965, act out a legal
sketch to demonstrate how the registrar effects registration under the National
Land Code, 1965.
2. Sham is the only son of Mona. Mona owned a house in Rawang. One day, Sham
informed Mona that he wanted to borrow RM100,000 from a bank. The bank
wanted security for the loan. Sham asked Mona whether she would consent to her
house being charged to the bank as security for the loan. He promised to settle the
loan within 2 years. Mona agreed. While the discussion was going on, Kulop, a
close friend of Sham was present and heard the discussion.
Sham took Mona to the legal firm of Haru & Co. and introduced Haru to Mona.
Haru said:”Your son has given me all the instructions. I am in a hurry. Please sign
the documents. All payments will be made to your son.” Mona signed the
documents and returned home.
Six months later, Kulop came to Mona’s house and informed her that she had to
vacate the house immediately. “Why should I leave the house?” Mona
enquired.”You sold the house to me. You signed the transfer at Haru’s office. I
paid your son RM100,000. I am now the registered owner and would like to move
Mona was shocked. She contacted her brother Ahmad and informed him that she
did not know the document she signed was a transfer form. Adam immediately
rushed to haru’s office to enquire about the matter.
Haru informed Adam that:
a) Sham told him that Mona intended to sell the house to Kulop for RM100,000.
b) He (Haru) was acting for Kulop.
c) Mona came to his office and signed the transfer form and a letter authorizing
him to release all payments to Sham.
d) Sham had given him (Haru) the original document of title to the house. The
payment of RM100,000 had been released to Sham.
e) The house was transferred and registered in the name of Kulop.
Adam informed Mona of the above and advised Mona to seek proper legal advise.
Mona comes to see you and wishes to know whether she can cancel the transfer to
Kulop and be reinstated as the original land owner. Advise Mona.
3. A motion is proposed in Parliament as follows:
“Malaysia applies the concept of immediate indefeasibility and NOT deferred
Debate the above motion.
TUTORIAL 12- LEASE & TENANCY (Client Counseling)
1. Dr. Susie had an oral agreement with Johan in February 2008 where Dr. Susie
agreed to allow Johan to occupy an office space behind her clinic for the purpose
of operating a tuition centre. It was agreed that Johan would pay Dr. Susie RM800
every month. The toilet and stairs leading to the clinic and shop were shared and
Dr. Susie held the key to the property. Dr. Susie had told Johan that he could
occupy the office space until the end of the year. Three months later. Dr. Susie
gave notice to Johan informing Johan that he had to quit the premises as she (Dr.
Susie) had decided to expand her clinic and needed the space occupied by Johan
as soon as possible to begin renovation works. Johan is of the opinion that Dr.
Susie cannot ask him to leave as she had initially agreed to allow him to stay until
the end of the year. Advise Johan.
2. Enact a legal sketch to illustrate the concepts of ‘tenancy coupled with equity’ and
‘tenancy by estoppel’.
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