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.
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