The Kuching High Court has ruled that a case involving Taib Mahmud-linked Naim Cendera Sdn Bhd and six natives will go for full trial.
KUCHING: Yet another company linked to Sarawak Chief Minister Taib Mahmud has failed in its bid to strike out claims by six native landowners on technical grounds.
Naim Cendera Sdn Bhd is owned by Hamid Sepawi, who is Taib’s first cousin.
Naim Cendera Sdn Bhd together with the Superintendent of Lands and Surveys of Kuching Division and Sarawak State Government are being sued by the plaintiffs – Simon Sekam, Tasek Ayau, Eddie Ahang, Bodui Dayu, Bungai Bengen and Sirus Jon over 6,046 ha of land in Upper Bengoh in Kuching Division.
The natives are claiming that they have native customary right (NCR) over the land, which they said has been encroached upon by the Naim Cendera and its agents.
When the case came before the Kuching High Court on Monday, Justice Sangau Gunting rejected their application to strike out the claims by the six natives on technical grounds.
The High Court here ruled that the case will go for a full trial.
Justice Sangau said the defendants seemed to have overlooked the fact that the natives’ complaint in the suit pertained substantially to the defendants’ implicit failure to exhaustively fulfill the requirements of the Sarawak Land Code.
“But perhaps, more to the point is that the contention of the Lands and Surveys and the state government seems also indicative of their assumption that the plaintiffs’ (natives) claim has nothing to do with NCR whose creation may relate to the time when the Sarawak Land Code and other related statues were not yet in existence,” the judge said.
Pre-existing rights
Sangau said there appeared to be substance in the natives’ contention of the existence and persistence of a factual issue arising from the Lands and Surveys and the state government’s averment concerning “the land over which the NCR was extinguished”, presumably about 1,530 hectares, and the plaintiffs‟ averment concerning “the land over which NCR was exercised”, presumably 6,046.69 hectares.
Sangau said there appeared to be substance in the natives’ contention of the existence and persistence of a factual issue arising from the Lands and Surveys and the state government’s averment concerning “the land over which the NCR was extinguished”, presumably about 1,530 hectares, and the plaintiffs‟ averment concerning “the land over which NCR was exercised”, presumably 6,046.69 hectares.
He said it was the natives’ contention that the existence and extent of their NCR over the land constitutes the primary, if not the core issue, in the instant suit.
Desmond Khoo represented the plaintiffs while Naim Cendera was represented by Alicia Voon and state legal officer Joseph Chioh represented the Lands and Surveys and Sarawak State Government.
Last December the Kuching High Court ordered Quality Concrete Holdings, a company owned by Taib’s sister Raziah Mahmud, to pay RM160,000 in damages to Iban landowners in Sebangan and Sebuyau areas.
Joseph Tawie
| March 29, 2012
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