Material Litigation

25 September 2012

Type Announcement
Subject MATERIAL LITIGATION
Description KUALA LUMPUR HIGH COURT 22NCVC-1080-09/2012
ONE VISA SDN BHD V TELEKOM MALAYSIA BERHAD (“TM”)
TM wishes to announce that TM had, on 21 September 2012 been served with a Writ of Summons and Statement of Claim in respect of a suit filed by One Visa Sdn Bhd (“OVSB”) in the Kuala Lumpur High Court.

OVSB seeks the following relief against TM:-

  1. A declaration that TM is a trespasser on 5 pieces of land belonging to OVSB held under title particulars namely HS(D) 23474 Lot 3181, HS(D) 23475 Lot 3182, HS(D) 23477 Lot 3183, HS(D) 23478 Lot 3184 and HS(D) 23479 Lot 3185 of Pekan Ulu Temiang, Negeri Sembilan (“the Land”) by the supply of telecommunication services to the illegal occupiers (“Squatters”) on the Land and is a nuisance to the Plaintiff (OVSB);
  2. Special damages amounting to RM23,077,116.00 being the total rental value of the Land based on its current prevailing market value rates calculated with effect from 22 March 2011 and continuing until cessation of the telecommunication services and the date of removal of TM’s offending infrastructure from the Land and/or alternatively for the same to be assessed;
  3. Special damages amounting to RM198,110,908.00 being loss of opportunity and/or loss of profit by reason of the continued wrongful occupation of the Squatters which was caused, encouraged or facilitated by TM resulting in the Plaintiff being prevented from developing the Land to its full potential and/or alternatively for the same to be assessed;
  4. Quit rent for the 5 pieces of Land for the year 2012 amounting to RM234,677.00 and continuing until full and final settlement thereof and/or alternatively, for the same to be assessed;
  5. Land Assessment for the 5 pieces of Land for the year 2012 amounting to RM49,360.00 and continuing until full and final settlement thereof and/or alternatively, for the same to be assessed;
  6. General damages;
  7. Aggravated/Exemplary damages;
  8. Interest at the rate of 5% per annum to be levied on all the above judgment sums from 22 March 2011 until full and final settlement of the same;
  9. Costs; and
  10. Any further and/or other order as deem fit and just by the court.

Based on the Writ of Summons, OVSB claims that TM, had erected, constructed, emplaced or otherwise established telecommunications infrastructure on the Land without the express consent, approval and/or authorization of OVSB for the provision of telecommunication services to the Squatters.

TM has appointed its solicitors to act on its behalf in the above legal suit and will enter an appearance, through its solicitors, within fourteen (14) days, from the date of service of the Writ of Summons and Statement of Claim, including the date of service.

TM is in the midst of taking legal advice from its solicitors with regard to the suit and will instruct its solicitors to vigorously defend the same.


Save for management cost and legal expenses, the legal suit has no material financial and operational impact on TM at present. TM is currently collating the relevant information in order to make an assessment of any expected losses arising from the legal suit.

A further announcement will be made on any material development of the legal suit.

This announcement is dated 25 September 2012.


Announcement Info

Company Name TELEKOM MALAYSIA BERHAD
Stock Name TM
Date Announced 25 Sept 2012
Category General Announcement
Reference No TM-120924-65535