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.