AT THE NATIVE COURT: VILLAGE CHIEF WINS CASE AGAINST OWN SISTER OVER LAND DISPUTE

 drafted: Tue 5 July 2016

PENAMPANG. The Native Court here settled a land dispute between a village chief and his sister via unanimous decision of the bench. A half share of the native titled land at Kg Limbanak had been sold to a third party for business purposes but later the sister bought back the share for RM50 thousand and hence two equal lots had been prepared.

However both parties wanted Lot A which is next to the road and failed to compromise when the case was heard in chambers after sufficient time was given.

 

When heard in open court, the village chief as plaintiff has given the following reason to justify that Lot A belongs to him.

a) He was the original owner of the whole land,

b) His existing house is located in Lot A

c)  There was no written agreement that Lot A will be sold to his sister

d) The village grocery shop was built next to the road for the sole purpose of getting more customers.

e) The electric bill of the shop is in his name and even the electricity pole is his.

f) The land was previously owned by his grandfather

g) During the chamber hearing both agreed that the issue is on the land, the grocery shop was irrelevant

h) He will not let go of Lot A even if paid with lots of money.

 

Another village chief as witness confirmed that the plaintiff was the original owner of the land with a house built in the sixties. When the sister bought a share of the land, no lot was specified.

The proposed subdivision of the land is yet to be registered or listed anywhere.

 

As defendant, the sister disagreed with the above saying the grocery shop is now her house after it was renovated. Lot A was hers as agreed verbally. She became the owner of half of the land after buying it from the previous owner for RM50 thousand. Even though she would be given a free access road to Lot B, she still does not want to accept this lot. She said the grocery shop is now her house for one month in a year while she stays in HongKong for the rest of the year with a permanent resident status after being married there. She has no intention to sell the land but wants to own it as her own property.

 

The panel of judges comprising District Chief Bryan Matasing, Native Chief Andrew S Lidaun and KK Jeffrey G L, said after studying the facts of the case and in accordance with the customary distribution of inherited land and the Native Court Enactment 1992/1995, they issued an order that Lot A shall go to the plaintiff while the defendant will get Lot B with condition that a right of way through Lot A be given to her. Any party not satisfied with this decision can appeal to the District Native Court within 60 days.

 

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The sister just wanted to cheat because the lot next to the road will sell with higher price in future.

She said she is staying in HongKong after being married there and stay just one month a year in the shophouse renovated to a house?  I wonder what happened now with the Covid,  did she managed to stay here for one month or already dead.....15 jan 2016