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.