Federal Court dismisses Tuai Rumah Sandah, Siew Libau review application on NCR land
0 month ago, 11-Sep-2019
KUCHING: The Federal Court in Putrajaya today in a four to one judges’ decision ruled in favour of the state government and provisonal lease holder when dismissing the review application of NCR land claimants Tuai Rumah Sandah and Siew Libau.
The four judges were said to have taken the view that the NCR claimants’ grounds of review application were more of an appeal rather than a judicial review.
This was relayed to The Borneo Post by one of the lawyers representing the claimants, Joshua Baru, who also confirmed that four judges decided to dismiss the application.
“The summary is that they (four judges) felt the judicial review was more of an appeal. So they disallowed the application,” said Joshua.
The review case involves two tracts of land totalling 18,000 hectares in Kanowit-Ngemah.
On May 27 2011, the High Court in Sibu held that Sandah and his community had NCR over the entire 5,639 hectares of land that was leased out by the state government.
In Siew’s case, nine longhouses brought a suit against the same company.
The Court of Appeal upheld the High Court decision but subsequently, the Federal Court reversed their decisions.
Judge Tan Sri David Wong, a Sabahan, is the only one favouring the NCR land claimant.
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