CASE OF SISTER IN LAW REFUSING TO SIGN NATIVE LAND SUBDIVISION DOCUMENT

Hearing date: 27 January 2015

Plaintiff:  Ian Culey
Defendant:  Tenjain

PENAMPANG. The Native Court here postponed the hearing of a case summoned by a British Expatriate who had lived in Sabah for 50 years with a permanent resident status until he has satisfied his eligibility to appear in the native court.

 

District Chief Bryan Matasing who led the bench with Native Chiefs Andrew S Lidaun and Woritus Paulus informed the plaintiff that the Native Court was established to hear cases from natives only however non-natives must first make a police report followed with an endorsement from the District Officer to enable them to present a case.

 

The expatriate was representing his daughter who is an Anglo-Kadazan currently residing in Kuala Lumpur to claim the share of a land at Kg. Bantayan Inanam belonging to her late mother who passed in 2013 and is a native Kadazan. One of her auntie who has a share in the land refused to sign the subdivision documents for reasons yet to be heard in court.

 

Another obstacle was discovered when the plaintiff assumed that his children would automatically be considered as natives since their mother is a native. However the court explained that the present requirement is for the children of mixed marriages to present a Letter of Confirmation as natives issued by the Native Court after a full hearing. The plaintiff informed that he had a letter of confirmation from the “Majlis Hal Ehwal Anak Negeri Sabah”or MHEANS however the court told him this body is an administrative body and not a Court hence the letter is not valid.

 

The expatriate has three children, one son and two daughters and all of them will be required to apply for the Letter of Confirmation as natives from the Native Court in order for any inheritance of Native Titled land can be processed.

 

After the hearing was adjourned, the expatriate who can now speak fluent Kadazan and Bahasa Malaysia said they have no choice but to comply with all the administrative requirements where all the children will have to be present in person at the Native Court to obtain the Letter of Confirmation as natives.

KG TIMPANGO CASE OF SHOOTING 3 BUFFALOES

First Native Case in Penampang for year 2015
Date 22 January 2015

Plaintiff:  Padan
Defendant:  Jongujis

PENAMPANG. A farmer from Kg. Timpango here, finally agreed to pay RM1000 which is the balance of his fine for shooting three buffaloes last year.

The case was first heard in chamber on 15 May 2014 where the plaintiff who owned the 3 buffaloes had claimed compensation. The defendant had counterclaimed for damages to his crops when the buffaloes had strayed into his land before being shot.

 

After the damaged crops were evaluated, the Native Court had determined the defendant still had RM1000 to pay including RM500 for the peace of the village. However, until yesterday the defendant had yet to pay the balance of the fine prompting the plaintiff to summon him back to court. When asked why, the defendant claimed that the remaining buffaloes owned by the plaintiff were still running wild on his land.

This excuse earned him a rebuke from the bench and he was told not to mix and confuse new issues with the previous decision of the court. He can submit fresh complaints on new issues.

 

When the defendant promised to pay be the “end of next month” the court set February 27 ( Friday) as the settlement date.

 

The panel of native judges was led by District Chief Bryan Matasing together with Native Chiefs Andrew S Lidaun and Woritus Paulus disposed the case within 30 minutes. After both parties have signed their statements, Matasing summed up by reminding both parties on the meaning of “sogit”.

After it is paid, both parties should reconcile since sogit means “to cool down” in the local dialect which help maintain the peace in their village. He also said a gun is called firearm and fire is hot. He hoped that this incident will not happen again and reminded the defendant that even pointing an empty or unloaded gun without reason is a serious offence.

 

Outside the court, one Native Chief explained that domesticated buffaloes should be caught and compounded so the owner can be fined for letting them loose and not shot because farmers are given licence to own a shotgun to protect their crops against dangerous or wild animals only.