18 YEARS UNABLE TO USE NATIVE LAND 2 APRIL 2015

TUARAN.  The District Native Court here ended a retiree’s 18 years dilemma of being unable to use his one-third share of an NT land he bought in 1996 at Kg Tambalang, because one of the co-owners refused to sign the subdivision offer from the Lands and Survey Department. The appellant who wished to be identified as David Leo was unable to enter his plot via the access road as proposed in the subdivision.

The District Officer A.M. Ibnu Hj. A.K. Baba who led the panel with two other Native Chiefs found that all the documentations including land surveying for subdivision were valid and were already approved by the Lands Department. The court therefore ordered the respondent to comply with the subdivision.

During the hearing, respondent Mr Pangandai, also a retiree said he agreed with the subdivision and the provision of an open space but disagreed with the location of the access road because he was not part of the earlier agreement including the surveying of the land. However the court found this court statement as contradictory to his earlier written statement and gave him a chance to withdraw which he did.

Another reason he gave was that lots of fruit trees are found along the proposed access road and requested for alternative however the court also rejected this as there is no alternative access road available.

The bench also said only common vehicles would be entering the land and not armoured trucks.

The respondent then said because of the access road and the fruit trees he will be willing to go to any other courts.

The panel of judges then inform that their decision here is final however if the respondent is not satisfied, he can find a lawyer and then appeal at the Native Court of Appeal at Kota Kinabalu within 60 days during which the appellant will have to wait before he can take further action.

The case was decided within 20 minutes overriding  an earlier decision by the Native Court here with a panel of three native chiefs on 10 January 2013 which amongst others decided that: -

a) The case should be referred to the civil court

b) The case is not under their jurisdiction because no customary laws were involved

c)  The dispute should be settled via mutual consent.

 

Leo’s predicament begun on 9^th Sept 1996 when he bought the one-third share of the 3 acre land from one of the shareholders and proceeded to have the land subdivided under Section 40(3) of Land Ordinance Sub 68, with the agreement of the others. The cost of the surveying for the subdivision was shared by all the owners and by 21 Jan 1999, the Lands and Survey Department have issued them an approval.  Meanwhile one of the shareholders died and the property was claimed by her son Mr Pangandai. In November 2011 the Lands office at Tuaran invited all the shareholders of the land to sign the offer letter of subdivision but one refused to sign.

After receiving the verdict from the Native Court in 2013, Leo went to the Civil Court registrar only to be told that his case should be heard by the Native Court.  He also received a letter from the Lands and Survey Department dated 6 May 2013 saying that the authority to hear this case is the Native Court in accordance with Section 40(3) of the Sabah Land Ordinance thus starting the run-around.

Leo expressed relief that the District Officer of Tuaran has finally ended his merry-go-round quandary but still have to wait another 60 days for the final solution while contemplating how to recover his losses over the years.

 

 

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NATIVE LAND DISPUTE INVOLVING ADOPTED SONS 26 MAR 2015

PENAMPANG. The Native Court here referred to the Adoption Ordinance 1960 of Sabah which stated that the status of an adopted child is the same as biological children in their decision regarding a land dispute. The views of a former District Officer of Keningau, a lawyer from the State Attorney, a former District Chief of Putatan and a paper by prominent Kadazan lawyer Tan Sri Herman Luping on “Harta Pesaka” (inherited properties) and “Harta Pencarian” (acquired properties) were also studied as basis of their verdict passed in an open court.

 

The dispute centred on a 2.59 acres of Native Title land at Kg Hungab which was heard in chamber since May 2012. Two brothers, both adopted had applied to inherit their late adopted father’s land at the Native Court via the “Jadual 1” form and a one month public notice process. However one uncle had challenged the application arguing that the harta pesaka should be inherited by the biological relatives, also raising the issue that his late brother and wife were separated. The couple had married in church but had no children of their own and no formal divorce was carried out.

 

The adoption papers of the two brothers were properly registered however a written will by their adopted father was only signed by himself  but not properly registered.

 

During the first chamber hearing a proposal to share the land amongst the claimants was submitted to the court with the largest share going to the brothers but smaller lots were given to 6 other relatives. However court records showed another three mediatory hearings failed to get the parties to come to an agreement where an uncle kept coming up with new proposals and arguments.

 

The Native Court led by District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Rita John unanimously decided that the original proposal was the best solution to their disputes. The parties were informed that they can appeal the verdict within 60 days to the District Native Court if not satisfied.

 

After the reading of the verdict was completed the court allowed both parties to make their last statement. One of the brothers as plaintiff now disagreed with the verdict because the others have been given a chance, offered a fair share and yet refused even made some defamatory remarks and now they are not willing to share the land. In response the uncle as defendant said every solution came from disputes and every discussion have problems. He is happy with the verdict of the court and hoped the plaintiff will also accept the verdict.

After recording these last statements,  Matasing ended the hearing by advising both parties to think carefully and consider the harmony of their family relations before deciding on their next course of action as this court has made its decision.

CASE OF INDON MAID ABLE TO BUY NATIVE LAND 19 MAR 2015

PENAMPANG. The Native Court here was told that an Indonesian maid was able to buy a quarter share of an NT land whole size about one acre, at Kg Limbanak for around RM23 thousand in 1990 and the transfer of the share was recorded at the Penampang Lands Office. A Court document shows a letter from the National Registration Department dated in 2013 stating that the maid was holding a blue IC beginning with the letter H and stating her race as Indonesian.

One of the four brothers who owned another quarter share of the same land as plaintiff told the court that he was unaware when his eldest brother sold his share to a woman named Darmi Lambirtus and neither does he know her.

He claimed receiving an unexpected summon to appear at the Civil Court at Kota Kinabalu on a date he now cannot remember, from another woman who had bought the quarter share of the said land from Lambirtus, and is now the defendant in this hearing. He said that he had lost the case at the Civil Court and was fined RM7,500 of which he had paid one thousand and the rest he had applied to pay by instalment.

He is now asking the Native Court’s help if the sale of the land to a person whose native status is suspected can be considered valid. During his verbal testimony, the bench ticked him off for coming to court unprepared and answering with “I do not know or cannot remember” on pertinent matters.

His two other brothers whose name still appear on the land title were present in court as observers.

 

In response, the defendant informed the court that the quarter share of the said land she had bought for an undisclosed amount from Lambirtus is yet to be registered in her name because the plaintiff had refused to surrender the original title to the Lands Office. That is why she had summoned him to the civil court and won. She said she works as a teacher and is fully qualified to buy the land being a Sino-Kadazan, born and lived at Kg Limbanak and got her letter of confirmation as native on 10 May 1974 from the Native Court of Penampang.

“When Darmi offered to sell the quarter share of the land, I bought it due to sentimental value. The land is adjacent to my mother’s land and we used to plant vegetables and padi seedlings there with agreement from the late father of the four brothers.” she said mentioning the nickname of the father.

She asked through the court why the plaintiff did not do anything since 1990 and now she is the victim in this matter.

The court decided to subpoena Darmi Lambirtus and asked if the defendant can assist in locating her. She replied she can try since it was a long time since she had met her. It was not mentioned if the brother who initially sold his share would also be summoned.

The panel of judges led by District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Michael Bejuet then set the next hearing on 22^nd April 2015.