draft: Mon 15 Aug 2016
PENAMPANG. The
Native Court here adjourned indefinitely another land dispute case because the
native land concerned was found to be under the jurisdiction of the Native
Court of Kota Kinabalu.
A naturalised expatriate who had married a local had
filed the case here because a sister-in-law refused to sign the subdivision
proposal of an inherited native land.
His daughter is an anglo-kadazan and had to apply for a
letter of confirmation that she is a native, where the native court here can
and had approved as they are residing in the district.
She was supposed to inherit one of the subdivided lots
but is delayed since the new titles can only be processed by the Land and
Survey Departments after all the owners of the land have signed agreeing to the
proposed subdivision plan.
When the hearing commenced District Chief Bryan Matasing
informed the plaintiff and defendant that since the land is located under Kota
Kinabalu, they will have re-apply for the case to be heard at the Kota Kinabalu
native court.
Clarifying after the court hearing, Matasing informed
that they are following the directives of the State Attorney and the relevant
laws are Section 40(3) of the Land Ordinance Sabah Cap 68 read together with
the territorial jurisdictions clearly stated in Native Courts Ordinance Sabah
Cap 86.
He thanked the “Daily Express” for keeping the public
informed so that the public would not waste their time going to the wrong
court.
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