Martin Ak Lindang, Biju Ak Nyelang and Buang Ak Jala have added their names to the list of proud native plaintiffs in Sarawak who have successfully defended the native customary rights land, for themselves and on behalf of the other 500 village folks dwelling in the 2 longhouse communities of Rumah Musih and Rumah Usek, in Kampung Sg Merak, Pantu, Simanggang.
In Kuching this morning, High Court Judge Sangau Gunting recorded a consent judgment for the NCR land case litigated earlier before Datuk Linton Albert (now a judge in the Court of Appeal). 6 witnesses of the Plaintiffs had given their evidence when parties have decided to settle the matter amicably.
On February 25, consent order was entered before Datuk Linton Albert for a declaration that the Plaintiffs had acquired native customary rights (NCR) over the Land marked and edged in Green in a map attached to the Plaintiffs’ Statement of Claim.
This morning, further orders were made, that:-
1) It is declared that the Plaintiffs’ NCR precludes the 1st and 2nd Defendants, Standard Point Sdn Bhd and Roundtree Timber Sdn Bhd, from impairing or abridging the Plaintiffs’ rights;
2) A prohibitory injunction against both companies restraining them from trespassing, entering, clearing, felling and/or occupying the Plaintiffs’ said NCR Land;
3) The issuance of the Forest Timber Licence No. T/8329 to the 1st Defendant as far as it covers the said NCR land is declared null and void;
4) The 4th and 5th Defendants, the Superintendent of Lands & Surveys Sri Aman and the Sarawak State Government respectively, take cognizance of such NCR and to enter and record in their Land Registry such right and thereafter to issue title to the said Land in accordance with the Sarawak Land Code.
The companies were ordered to pay agreed costs of RM20,000 to the Plaintiffs. On the other hand, costs by the Superintendent of Lands & Surveys Sri Aman, the Sarawak State Government and the Sarawak Forest Director were ordered to be taxed by the Court unless parties come to an agreement on it.
See Chee How of Baru Bian Advocates acted for the Plaintiffs, Esther Wong Zhi Hua represented the companies while State Legal Officer Zainuddin Bin Hussaini represented the Superintendent of Lands & Surveys Sri Aman, the Sarawak State Government and the Sarawak Forest Director.