TAWAU: The Tawau High Court yesterday dismissed with costs an application by an individual to evict villagers at Kampung Tonggulangan, Semporna from part of their customary land that had been in the possession and cultivation of their forefathers since before the 1940s.
Sabah and Sarawak High Court Judicial Commissioner Datuk Douglas Primus dismissed Mohd Apas bin Samsu’s application with costs and cost to be paid first before filling a writ of action.
Mohd Apas applied to invoke the summary procedure under Order 89 of the Rules of the High Court 1908 (“Order 89”) to evict the defendants, Indah Tilaong binti Marahil and all and every person in occupation of the land without licence or consent from the land which was issued with Country Lease title No. 1253878, measuring 6.81 hectares (15 acres out of 50 acres) to the plaintiff on March 8, 2010.
In 1976, the plaintiff’s brother (Sahadan) was allowed by the village head to plant groundnuts and water melon within the land with the promise that the villagers would be offered jobs. However, ownership of the land, including the 50-acre land used by the plaintiff for planting belonged to the village community of Kampung Tonggalangan.
Sometime in 1980, Sahadan’s planting project failed and he could not service repayment and was subject to bankruptcy proceedings. After the planted land was developed into an oil palm plantation by a government agency (Koperasi Pembangunan Desa), the plaintiff and his brother forced the agency to leave the land for reason the plaintiff had already applied for the planted land.
In 2003, the agency moved out but allowed the villagers to harvest the palm oil fruits. Sometime in 2003, the plaintiff and his brother entered the land and harvested the oil palm fruits and built a house on the land in 2007 when the land title was issued to him for the titled land.
On November 29, 2010, the plaintiff trespassed onto Indah’s land and destroyed her property by burning six mango trees which were more than 60-years-old for reason that the plaintiff had obtained a title for the land in his name.
On December, 2, 2010, the plaintiff also burnt and destroyed another mango tree planted in the land occupied and cultivated by Linjabu Bungan.
The defendants’ counsel, Datuk Kong Hong Ming, submitted that the defendants, including Indah, had acquired native customary rights which include the planted land and Indah’s land.