KUCHING: The Federal Court has dismissed an application to strike out a case submitted by a timber company and state director of Forests and ordered them to pay cost of RM10,000 to Balare Jabu, James Lalo Keso, Toreng Gia, Stanly Petrus and Stephen Belare who represented owners of native customary rights (NCR) land in Long Lamai at Ulu Baram.
The ruling means that the case will finally be sent back to the High Court for trial to proceed.
The application to strike out the case was heard by Tun Arifin Zakaria, Tan Sri Datuk Seri Panglima Richard Malanjum and Tan Sri Abdul Hamid Embong on Tuesday.
The plaintiffs (landowners) had in 2007 filed a Writ of Summons claiming for their Native Customary Rights over their land situated at Long Lamai at Ulu Baram which was allegedly encroached by Merawa Sdn Bhd which had been given timber licence by the director of Forests, Sarawak.
The defendants (appellants) on Tuesday then filed an interlocutory application in an attempt to strike out the plaintiffs’ suit claiming that the Penans were time-barred under the Public Authorities Protection Act 1948 from bringing the action against the government.
In the High Court, the judge had agreed with the defendants’ application and subsequently struck out the plaintiffs’ case.
In early February last year, the Court of Appeal overruled the High Court decision and ordered the case to be sent back to the High Court for trial to be fixed.
However, the respondents appealed to the Federal Court on Nov 21 to decide whether the plaintiffs were time-barred from bringing an action against the timber company and the director of Forests for encroachment into their ‘tana pengurip’.
On Tuesday, the ruling delivered by Malanjum stated that injury to the Penans was still continuing until today and the timber licence only expired in March this year, meaning the limitation period had not set in.
The learned judge stated that as long as the licence remained, the injury to the Penans’ right over their NCR also remained.
Balare, James, Toreng, Stanly and Stephen were represented by Baru Bian, See Chee How and Simon Siah Sy Jen.
The timber company was represented by Tan Thian Teck while Datuk JC Fong represented the state director of Forests and state government.