KOTA KINABALU. The Native Court of Appeal here dismissed an
appeal against the judgement of the Kota Kinabalu District Native Court based
on the principle that inherited land shall be passed on to descendant following
the customary adat, where the land owned by the father will be inherited by
sons and that of the mother to the daughters as per the accepted adat of the
district.
The Native Court of Appeal was presided by Justice Tan Sri
Richard Malanjum who is also the Chief Judge of Sabah and Sarawak, and assisted
by Native Chief Adrian Sikawah from Penampang and Matsah Sahat from Kota
Kinabalu.
The case involved a claim by a man for a share of a land
that belongs to his mother. His late father has written a simple will witnessed
by a village head stating that his mothers share of the land shall go to him.
Based on this, the man made a claim at the native court against his niece
(daughter of his sister) who had inherited the said land via Jadual 3 process
of the native court.
The learned judges also ruled that even if there is a will,
it shall also comply with the customary adat of the district to be effective.
The appeal case was disposed within half an hour which affirmed the decision of
both the lower courts namely the Native Court and the District Native Courts.
Earlier, the respondent who was represented by a lawyer
registered with the Native Court of Appeal made a preliminary objection that
the appeal was submitted beyond the 60 days mandated by the Native Court
Enactment 1992. However, upon checking all the documents and finding the date
on which the judgement of the Kota Kinabalu District Native Court was read was
on 5th September 2013, but the document was marked as 25th
July 2013, the objection was over-ruled. However, the standards of the
documentations submitted prompted Malanjum to comment that the lower native
courts still require lots of training. He also ticked the lawyer for presenting
her case in legalise style when the hearing in the Native Court of Appeal is
very similar to the Native Court.
Meanwhile, the man who is the Appellant was able to present
his case without the assistance of a counsel.
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