PUTRAJAYA: The Court of Appeal dismissed an appeal by the son of the late Annapuranee Jenkins to reinstate a negligence lawsuit against a property development company and project manager.
A three-judge panel unanimously ruled that the High Court had not erred in its decision to strike out the suit concerning the discovery of his mother’s remains at a construction site in Penang.
Justice Che Mohd Ruzima Ghazili stated that the decision to strike out the action against both respondents was sound.
“The appeal is dismissed, and the appellant is ordered to pay costs of RM5,000 to each respondent,“ said Justice Che Mohd Ruzima.
Gregory Steven Jenkins had filed the suit in August 2023 against Berjaya Land Development Sdn Bhd and its project manager Terrence William Theseira.
He alleged their involvement in concealing the discovery of his mother’s remains after she went missing during a 2017 holiday in Penang.
The High Court allowed an application by Berjaya Land and Theseira to strike out the suit in March 2024.
Judge Roz Mawar Rozain had ruled that Gregory lacked the locus standi to file the suit against the two defendants.
The lawsuit against the Government of Malaysia, the police, and landscape worker Kew Kee Seng will proceed in the High Court.
An inquest into Anna’s death concluded on May 12, 2023, with Coroner Norsalha Hamzah finding insufficient evidence to determine the cause or manner of death.
The George Town High Court upheld this finding on April 28, 2025, ruling no conclusive evidence existed to classify her death as a homicide.
Anna’s remains were discovered on June 24, 2020, nearly three years after she went missing.
Gregory was represented by lawyers Datuk Sankara Nair and Narendran Letchiemanan during the appeal.
Berjaya Land and Theseira were represented by counsels Ong Yu Shin and Lim Wooi Ying. – Bernama