Taib’s sons can proceed with Cahya Mata Sarawak shares lawsuit, court rules

Taib’s sons can proceed with Cahya Mata Sarawak shares lawsuit, court rules

The Kuching High Court says his two sons have legal standing to file the suit, dismissing the applications to strike out the suit filed by the late Sarawak governor’s second wife and a bank.

In April, the Kuching High Court affirmed its jurisdiction to hear the lawsuit filed by Abdul Taib Mahmud’s sons, rejecting preliminary objections by his second wife and RHB Investment Bank Bhd. (Facebook pic)
PETALING JAYA:
The High Court in Kuching has dismissed applications filed by the second wife of the late former Sarawak governor Abdul Taib Mahmud and RHB Investment Bank Bhd to strike out a civil suit filed by his sons over 50 million Cahya Mata Sarawak Bhd shares.

According to The Borneo Post, Justice Alexander Siew held that as beneficiaries, both sons have locus standi to bring the suit, and that the case could not be summarily dismissed as plainly without merit.

The judge fixed Jan 13 next year for the next mention date.

Taib’s sons – Sulaiman Abdul Rahman and Mahmud Abu Bekir – filed the suit claiming that the 50 million shares were unlawfully removed from the estate of their late mother, Laila Taib, and transferred to Taib’s second wife, Raghad Kurdi Taib.

Raghad, who claimed that the transfer of the shares was legal, alleged that her late husband was entitled to a share of Laila’s assets under the principle of “harta sepencarian” or joint matrimonial property.

In April, the High Court affirmed its jurisdiction to hear the lawsuit filed by the sons, rejecting the defendants’ preliminary objections that the matter falls under the jurisdiction of the shariah court.

Siew had said the issue of jurisdiction was never raised by the defendants’ in their original pleadings but was only brought up during oral submissions on the defendants’ applications to strike out the suit.

He also pointed out that the defendants did not call any witnesses at the trial, and there were no documents to show any such claim.

Lawyers Alvin Chong, Jonathan Tay and Ezekiel John Chong acted for Taib’s sons while Alvin Yong and Shirleen Ong represented Raghad.

RHB Investment Bank was represented by Tan Kee Heng and Lesley Ling.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.