Wednesday 19 March 2014

FOLLOW THE NATIVE ADAT, SAYS THE NATIVE COURT OF APPEAL KOTA KINABALU, ON INHERITED LAND

17-3-2014


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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