AT THE HIGH COURT- VERDICT OF LAND SCAM ABUSING THE NAME OF CHIEF JUSTICE OF SABAH AND SARAWAK

 first draft:  wed 2nd Mar 2016

KOTA KINABALU. A senior citizen from Kg Hungab Anthony Lojuta 91, successfully sued for the return of his land in Penampang which he was trying to sell for RM1.65 million. He trusted and handed over the original land title to his nephew when told that the buyer was Tan Sri Richard Malanjum, the present Chief Judge of the High Court of Sabah and Sarawak.

 

He was also requested to put his thumb print on a blank white paper for the purpose of processing the payment into his bank account at Donggongon. In Aug 2013 he went to check his bank account and found only RM50 thousand banked in thus making him initiate actions in suing seven defendants for the return of the said land, after he found at the land office that the said land was already transferred to the 1^st defendant whom he never met before for a sum of RM500,000 of which he never received.

 

After three days of trial on 27 Aug 2015 and 22 to 23 October 2015, reading the counsel’s Submissions and clarifications, High Court Judge Ravinthran N Paramuguru delivered his Draft Judgement in Open Court as follows:

 

1.     The 1^st, 2^nd, 3^rd and 4^th Defendants are liable for having committed fraud against the Plaintiff, which resulted in the transfer of the Plaintiff’s Land NT 2131484760 to the 1^st Defendant ;

 

2.   In addition the 4^th Defendant is liable in negligence against the Plaintiff ;

 

3.   There is no finding of collusion or fraud by the 5^th Defendant with the 1^st, 2^nd, 3^rd or 4^th Defendants, however the 5^th Defendant is found liable in negligence in attesting the thumb-print of the Plaintiff based upon the 3^rd Defendant’s assurance;

 

The judge therefore ordered as follows:

 

 (a)    The transfer of the land NT 213184760 registered under memorial no. 2110015957 dated 23 August, 2014 is declared fraudulent and therefore null and void ;

 

(b)   The 1^st Defendant is ordered to surrender the original title deed to the land NT 213184760 to the Plaintiff’s solicitors, within 2 weeks from the service of the sealed Order ;

 

(c)    The 6^th and 7^th Defendants are ordered to expeditiously transfer back the Land NT 213184760 to the Plaintiff ;

 

(d)   The Plaintiff is to refund to the 1^st Defendant RM50,000.00 which was deposited into his account by the 1^st Defendant, upon the re-transfer of NT 213184760 to the Plaintiff ;

 

(e)    The 1^st and 4^th Defendants are ordered to jointly pay to the Plaintiff costs of RM50,000.00 ;

 

(f)    The 2^nd and 3^rd Defendants are ordered to pay costs of RM5,000.00 each to the Plaintiff ;

 

(g)   And the 5^th , 6^th and 7^th Defendants are to pay costs jointly of RM5,000.00 to the Plaintiff.

 

Counsels Marianne and Dominic Ghani for plaintiff will also filed a non-attendance of the 2^nd and 3^rd defendants who did not file any defence.

 

The defendants in order are Clarence Sipain, Edward John Bruno Lojuta @ Tiwot, Avictus @Ronnie Lojuta, Oswald Sipain (lawyer and brother of Clarence), Ali Hussin bin Taha (former Land Supervisor at Penampang), Assistant Collector Land Revenue Penampang and Lands Survey Department.

Bulagang and Co appeared for 1^st and 4^th defendants, while Asiah Mohd Yusof from State Attorney appeared for 5^th, 6^th and 7^th defendants.

 

Present in court during the verdict was the plaintiff’s daughter Ogina while none of the defendants appeared.