KUCHING: The Sarawak government has obtained a stay order against the judgment by High Court judge David Wong Dak Wah who ruled that natives led by TR Agi Bungkong in Sebuah, Bintulu, had customary rights over part of two provisional leases planted with oil palm.
The Court of Appeal sitting in Kota Kinabalu, Sabah, yesterday ordered the stay pending the appeal of the owners and developer of the oil palm estate, Ladang Sawit Bintulu Sdn Bhd, Lembaga Tabung Haji and Semai Mekar Sdn Bhd against the ruling.
Wong recently ruled that Agi and the Ibans represented by him had established that the disputed area of over 1,000ha was their Pemakai Menoa (territory).
Wong ordered the Sarawak government, owners and developer of the oil palm estate, Ladang Sawit Bintulu Sdn Bhd, Lembaga Tabung Haji and Semai Mekar Sdn Bhd, to deliver vacant possession forthwith of the disputed area to Agi and the other natives.
The state government, the plantation owners and developers applied to the High Court for a stay of execution of the judgement pending their appeals.
On Feb 23, 2010, Justice Datuk Linton Albert dismissed the applications for stay of the judgment.
On Feb 25, 2010, the Sarawak government and Ladang Sawit Bintulu, Lembaga Tabung Haji and Semai Mekar Sdn Bhd applied to the Court of Appeal in Putrajaya for a stay of execution of the High Court judgement.
The government complained that the order giving Agi immediate possession of the disputed area was tantamount to an order for recovery of possession of land.
The government argued that the High Court had no power to grant by reason of Section 29(1) (b) of the Government Proceedings Act.
The natives are only entitled to an award of compensation for loss of legitimate native customary rights (NCR) over land.
Lembaga Tabung Haji and the plantation developers complained that Agi did not comply with the rules for enforcement of the judgement, and had intimidated the plantation workers, cutting off road access and water supply and taking away the fruits by the lorry loads from the oil palm estates.
Interim stay of execution
On March 11, 2010, Court of Appeal Judge Datuk Wira Loh Hop Bing granted an interim stay of execution of the High Court judgement and directed the stay application to be heard before a full Bench of the Court of Appeal in Kota Kinabalu comprising himself, Datuk Hisamuddin Yunos and Datuk Clement Allan Skinner.
The Court of Appeal was told yesterday that the parties had all agreed that the judgement of the High Court, billed as a “landmark” decision, should be stayed pending an early disposal of the appeals by the state government and the plantation owners and developers.
The Court of Appeal then ordered the High Court judgment be stayed on the following terms: (i) the appeals against the High Court judgement be heard within one month; (ii) the plantation developers and owners deposit a sum of RM50,000 in a joint account under the joint names of their solicitors and solicitors for TR Agi anak Bungkong; (iii) Agi and those whom he represents shall not enter the disputed area or prevent Ladang Sawit Bintulu, Lembaga Tabung Haji and Semai Mekar Sdn Bhd from entering or remaining on the disputed area.
These appeals will be heard in Putrajaya on April 12.
Agi was represented by counsel Baru Bian and See Chee How. State legal counsel Datuk J C Fong, assisted by Dewi Rahmaz, appeared for the Sarawak government.
Counsel Sim Hui Chuang, Alex Lim and Benny Zaidi acted for Lembaga Tabung Haji and the plantation developers.
- Borneo Post
