Extracted from Borneo Post

Dated: 13 May 2001

KUCHING, Sat. - The High Court today ruled in favour of four longhouse dwellers who brought a joint civil suit against two companies and the Bintulu Land and Surveys department pertaining to disputes over their customary rights to their land at Sg. Sekabai, Sebauh, Bintulu.

They are Nor ak Nyawai, a village headman, Sekalai ak Ling, Jerangku ak Bakit and Lani ak Taneh who claimed that the Borneo Pulp and Paper Sdn. Bhd. had trespassed and damaged their land at Sungai Sekabai, Sungai Tajem, Sungai Ipuh in Sebauh District.

High Court Judge Datuk Ian Chin Hon Chong in his 96-page judgement declared that all the plaintiffs were entitled to exercise native customary rights over the disputed area. The plaintiff's rights of temuda, pulau, and pemakai menoa (various types of NCR lands) had survived all the orders and legislations since the time of the White Rajah.

"They had exercised their rights in the disputed area since their ancestors day until they were prevented to do so by the total destruction of the trees by defendants for the purpose of planting pulp trees after the issuance of the titles by the Superintendent of land and Surveys to Borneo Pulp Plantation Sdn. Bhd.," he said.

Chin also ordered costs to the plaintiffs to be borne by all the defendants.

He said since the defendants were not entitled to enter the disputed are measuring approximately 672.08 hectares, there would be an injunction against them and their agents with immediate effect.

"Consequent upon my findings, the titles issued to Borneo Pulp and Plantation Sdn. Bhd., BPPSB which included the disputed area is declared null and void and I expect the Superintendent of Land and Surveys Bintulu to take necessary steps to rectify the title so as to include the disputed are," he added.

On the counter claim of the two companies against the plaintiffs, Chin said they had not suffered any damage while the second defendant's (Borneo Pulp and Paper) claim for various sums were dependant on many factors of which evidence was not adduced.

The plaintiffs were represented by Encik Baru Bian, the two companies by Tan Thiam Teck while Susan Gau of the State Attorney-General Chambers appeared for the Superintendent of Land and Surveys Bintulu. - BP