locus standi
The term locus standi is the term for the ability of a party to appear in the court and to be heard by the court. No doubt, the court vested its discretion to refuse or to allow him or her to proceed in the proceeding. However, any persons of the following would be sufficient to provide a complaint with a standing:-
1. he or she has a particular grievance of his or her own
2. he or she is a member of the public who has been inconvenienced
3. a mere stranger
There are three locus standi requirements. Firstly, the plaintiff must suffered injury. The injury could be economic or non-economic. Second, there must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court. In the case of Massachusetts v Environmental Protection Agency, where the Supreme Court on the view that global warming caused by EPA’s refusal to regulate carbon dioxide emissions satisfied element of causation for Massachusetts’s alleged injury of loss of coastland. The last requirement is redressability. It must be likely that the court decision will redress the injury.
In the case of Long Pines Enterprise Sdn Bhd v Beeran Kutty Bin Yusof where plaintiff applied to remove private caveat lodged by defendant. The fact of the case is Awang sold the land to Chai. Chai subsequently assigned all rights and benefits of sale and purchase agreements to the Plaintiff. Thus, Plaintiff is the registered proprietor of the said land. Defendant, who is one of the beneficiary of the said land lodged a caveat as the vendor alleged fraud upon the transfer of the said land. The court dismissed the application by Plaintiff on the ground that at the time of sale of the said land, Awang was a beneficiay, As a beneficiary to an estate, he or she has no capacity in law to enter into an agreement for the sale of land. Section 11 of
1. he or she has a particular grievance of his or her own
2. he or she is a member of the public who has been inconvenienced
3. a mere stranger
There are three locus standi requirements. Firstly, the plaintiff must suffered injury. The injury could be economic or non-economic. Second, there must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court. In the case of Massachusetts v Environmental Protection Agency, where the Supreme Court on the view that global warming caused by EPA’s refusal to regulate carbon dioxide emissions satisfied element of causation for Massachusetts’s alleged injury of loss of coastland. The last requirement is redressability. It must be likely that the court decision will redress the injury.
In the case of Long Pines Enterprise Sdn Bhd v Beeran Kutty Bin Yusof where plaintiff applied to remove private caveat lodged by defendant. The fact of the case is Awang sold the land to Chai. Chai subsequently assigned all rights and benefits of sale and purchase agreements to the Plaintiff. Thus, Plaintiff is the registered proprietor of the said land. Defendant, who is one of the beneficiary of the said land lodged a caveat as the vendor alleged fraud upon the transfer of the said land. The court dismissed the application by Plaintiff on the ground that at the time of sale of the said land, Awang was a beneficiay, As a beneficiary to an estate, he or she has no capacity in law to enter into an agreement for the sale of land. Section 11 of