Hawkers file lawsuit against company for placing hoardings around their business area

KUALA LUMPUR: Seven hawkers at "Medan Selera Velodrom" in Cheras have filed a lawsuit against Jakel Trading Sdn Bhd, seeking for a High Court order to tear down hoardings placed around the place which limited access to the food court.
The seven owners of the food stalls claimed to have incurred losses over 10 months of between RM108,000 and RM643,500, each, since the hoardings were installed in February this year.
They are seeking a total of RM2,769,381 in special damages and another RM500,000 (for all) for aggravated and exemplary damages.
They want an order that the placing of the hoardings is invalid and against the law and for the hoardings to be torn down within two weeks.
Mohamad Idrus Abd Kadir, 43; Sapura Umar Ali, 46; Ahmad Termizi Ishak, 40; Suhaida Salleh, 43; Zainuddin Umar Ali, 48; Maslinah Abdul Malek, 38, and Rosmawaty Umar Ali, 52, filed the suit through lawyer Adnan Seman, today.
In their statement of claim, they stated that the food court land is owned by Kuala Lumpur City Hall (DBKL), which informed them through a letter dated April 13, 2016, that Lot PT 9243, measuring 5ha, was sold to Jakel and that an agreement was signed on Sept 30, 2015. However, the process of the sale was not completed as the ownership record is still under DBKL.
They claimed DBKL, through the same letter dated April 13, had informed and stated that the defendant (Jakel) must settle and bear the cost for the "transfer and compensation" to the plaintiffs, as a term to the sale of the land.
In February 2016, they said they were shocked when the installation of the hoardings around the border of the land was put up and claimed the hoardings closed all access into the Velodram, except for a front door, which closes at 5.30pm.
They also claimed the hoardings closed the parking area but left a small space for visitors.
On May 10, 2016, the plaintiffs received a letter from DBKL allowing the defendant to enter the place and demolish 22 stall units, which had accepted compensation but DBKL had stated the safety of the seven in the area was the defendant's responsibility.
They claimed the defendant had contravened the "duty of care" to the plaintiff by placing the hoarding, which covered the food court and therefore the public could not see the place, reduce the parking area and closing all access except the entry door, which closes early.