6th August 2026, theedgemalaysia.com, PUTRAJAYA — The appellate court has allowed two missionary organisations to introduce new evidence in their legal bid over the ownership of the land occupied by the historic Sacred Heart Canossian Convent, Melaka.
A three-member panel, led by Court of Appeal (COA) judge Datuk Seri Mohd Firuz Jaffril, found that the applicants met the requirements to introduce new evidence post-trial, as they had made reasonable efforts to secure documents linked to ownership.
Mohd Firuz, who sat alongside COA judges Datuk Ismail Brahim and Dean Wayne Daly, added that the documents, while not having to be a “decisive factor” in the appeal proper, would be material to how the case unfolds.
“We are of the view that the appellants have satisfied the three conditions as laid down in Ladd v Marshall. To our minds, the appellants cannot be faulted for not having the foresight to carry out searches under multiple headings at the National Archives, as contended by the respondent.
“We are of the view that the appellants have exercised reasonable diligence in their attempt to obtain evidence on ownership of Lot 6, and that the documents sought would have an important influence on the result of the case, although it need [not] be the decisive factor that tilts the balance of the case in the appellant’s favour,” Mohd Firuz said.
The panel also took the view that the documents were credible and authentic as they were kept in the National Archives.
Thursday’s decision means that the appellants will now be able to produce their additional evidence at the hearing of the main appeal on Sept 15.
Missionaries claim respondents failed to register their organisation as owner of the lot
The Mother Superior of the Daughters of Charity of the Canossian Institute (Malaya) and the agent of the Commission for the Administration of the Estates of the Portuguese Missions in China and Singapore filed an appeal against the High Court’s February 2025 dismissal of their judicial review.
They had taken the Director of Land Titles Melaka, the state’s Director of Land and Mines, and the state’s Registrar of Titles, to court, among others, over the respondents’ failure to recognise and register the appellants’ legal and/or beneficial interest in Lot 6.
The High Court had ruled that the land belongs to the state, as the missionaries had failed to prove any pre-existing legal or beneficial ownership interest in Lot 6.
The convent school on Lot 6 also contains the sisters’ residence and a chapel.
Convent has been occupying the space since turn of 20th century
Based on court documents, the appellants claim that Lot 6 was held under a Dutch Title Deed, recorded in the Dutch Register maintained by the respondents, and registered under the name ‘Portuguese Convent’.
They claim that in letters dated June 3, 2014, and Oct 5, 2018, the respondents admitted that the appellants are the rightful owners of Lot 6.
The appellants claim that they have owned and occupied Lot 6 since 1905, and their use of the land over the last 120 years is widely known.
“The convent is of great historical importance and is a priceless heritage for Melaka and Malaysia. Located strategically near Porta de Santiago and Bukit Melaka, it stands out for its unique history, location, and legacy,” they stated in their application.
COA only admits evidence of correspondences, archives records to Lot 6 owners in 1936
Thursday’s decision only pertains to the contemporaneous official exchange of correspondences and archives records issued by the land owner of Lot 6 and the Malacca municipality in 1936, as kept by the National Archives.
The court did not allow the appellants’ bid to introduce the municipal area map of Melaka in 1934, as produced by the British War Office and kept in the National Archives of Singapore and the National Library of Singapore, as this document is immaterial to the issue of the land’s ownership.
Lawyers Joy Wilson Appukuttan and Benjamin John Dawson appeared for the appellants, while Malacca state legal adviser Khairul Azreem Mamat appeared for the state government.
