By FMT
MELAKA – The Canossian Convent in Banda Hilir, Melaka, has occupied its land for over a century, the Melaka High Court was informed during a judicial review application on Aug 7.
Lawyer Joy Appukuttan highlighted that the property has consistently been referred to as the “Portuguese Convent” in historical documents, a name also reflected on its Dutch title deed.
Justice Radzi Abdul Hamid presided over the judicial review application submitted by two statutory bodies: The Mother Superior of the Daughters of Charity of the Canossian Institute (Malaya) (the Canossian Sisters) and The Agent of the Commission of the Estates of the Portuguese Missions in China and Singapore (the Portuguese Mission). The respondents are the state’s director of land titles, the director of land and mines, and the registrar of titles.
Appukuttan explained that Lot 6 has been the Canossian Sisters’ residence and a home for orphans and boarders since 1905. A primary school was established on the land in 1929, followed by a secondary school in 1950. The applicants assert their status as the legal and beneficial owners of Lot 6, where the school was constructed.
Given the overwhelming evidence, the respondents cannot now deny jurisdiction to grant the applicants the title to the land, Joy argued.
In previous court documents, the applicants maintained that the title to Lot 6 was historically held by the Portuguese Mission, with the Canossian Sisters serving as its beneficial owners. They recounted that the title deed was in the possession of Catholic priest Fr Alvaro Martins Corado during World War II. The deed was lost after Fr Corado, then the vicar for both St Peter’s Church, Melaka, and the Portuguese Convent, was arrested and imprisoned by the Japanese in 1942. Fr Corado died in captivity two years later.
For the past decade, the applicants have engaged with Melaka state authorities to secure a new title to replace the lost deed. However, in a letter dated Mar 8, 2022, state authorities claimed they lacked jurisdiction to confer the title.
The application for leave to bring the current proceedings was filed in May 2022. On Jan 6 last year, Radzi granted leave for the matter to be heard inter partes.
Joy was assisted by Kelvynn Foo, while the respondents were represented by Melaka’s state legal adviser, Nor Afiah Saini. Justice Radzi adjourned the hearing to Sep 4, when further submissions from Joy and the respondents will be presented. – Herald Malaysia
