Land dispute case adjourned for mediation

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TAWAU: The High Court here yesterday adjourned a land dispute case between seven companies and 127 Murut families represented by five representatives to October 3, 2012 for mediation.

The case between plaintiffs Usahawan Borneo Sdn Bhd, Cita Purnama Sdn Bhd, Elite Acres Sdn Bhd, Eramis Jaya Sdn Bhd, Grace Mark Sdn Bhd, Hantaran Makmur Sdn Bhd and Pokok Subur Sdn Bhd against Sipon @ Danniel bin Tunjian, Kilawn bin Samputin, Miller bin Tungkat, Dereianus bin Unkis and Anthony bin Silokon was heard in chamber but took a turn after Judicial Commissioner Datuk Douglas Cristo Primus Sikayun had the case heard in open court.

This followed the request of defence counsel Datuk Kong Hong Ming to allow the parties involved to hear what transpired in chamber so that there would be no misunderstanding in the matter.

Sikayun said the matter had attracted a lot of attention and it had now become a matter of public interest.

“Presently, this matter is being mediated by me. Hopefully it can come to a resolution acceptable by all the parties concern this morning,” he said after other Murut villagers who were barred from entering the court house, were allowed in.

Sikayun said the defence counsel had given him a set of five map copies which were also given to the plaintiffs’ counsel.

The defendants have maps on overlapping areas between title lands and NCR, graveyards map, cultivation and existing houses and showing locality of the parcel of lands applied by the companies.

“These maps showed the title areas totalling 2109.7 acres and the area claimed by the defence’s clients amounting to 1,381 acres. Obviously there were a lot of overlapping claims and this need to be resolved,” he said.

Sikayun agreed to allow the parties time to look into the maps, then come back to him with their comments.

On the defendants’ claim to have Native Customary Rights (NCR) over the disputed land, Sikayun said he would call the Land and Survey Department director to look into the matter.

“Furthermore, contention that some of these claimants have abandoned the claims of their land and have settled elsewhere, this is a legal issue that I have to determine bearing in mind that NCR over claimed area established is transferrable and inheritable. Mediation process is long because we need to get the consensus of all the parties. I would advise parties to refrain from making any unnecessary comment that may adversely affect the mediation process,” he said.

On July 19, 2011 the same court dismissed the order for possession obtained by eight companies in evicting the villagers in Kampung Serudong Laut, Sebatik, Tawau after having granted a stay of execution of the order on July 5, 2011.

The court dismissed the plaintiffs’ application to evict the villagers with cost and the defendants’ application for the order of possession was set aside with cost.

Sikayun who was the presiding judge, also ordered cost to be paid and taxed before writ of action is filed by the plaintiff.

The companies filed a new suit to recover the land that was given title and the villagers counter-sued the companies to recover 1,381 cares of customary land based on NCR. With consent from both parties, Sikayun holds a mediation to resolve disputes and claims.