draft: Mon 28 Nov 2016
PENAMPANG. The Native Court here conducted a preliminary
hearing of a land dispute here in the absence of the defendant whose wife
called just before the hearing saying her husband is seeking treatment at a
polyclinic.
The court also chided the plaintiff for coming to court
unprepared, unable to answer simple factual questions and had to send a sibling
to get the file from their car.
The case revolved around 7 siblings all from Kg Kibabaig
who applied for a land subdivision a year ago but ran into a problem when the
defendant refused to sign the subdivision proposal. He was the same person who
had refused to attend the court hearing twice. Another sibling who is currently
at Lahad Datu also rang to question why his name was not included.
The past records found in the files of the siblings
showed the Schedule 1, 2 and 3 of the Native Land processes was initiated on 28
Oct 1985 by the mother of the siblings who was not present in court while their
father had already passed.
Hence the panel consisting of District Chief Bryan
Matasing, Native Chief Andrew S Lidaun and Village Head Charles Ebol adjourned
the case to be heard again on 13 December at 9 am with two orders.
- The mother of the siblings be given a subpoena to give clarifications pertaining to the previous applications of the Schedules,
- The defendant shall bring along the evidence that he was getting a medical treatment during the hearing today, Monday.
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