BPP applying for injunction against natives

MIRI, 3 January 2001 - Borneo Pulp & Paper Sdn. Bhd. (BPP) has filed for injunction against the Iban communities of Ulu Tatau to restrain them from entering, occupying and erecting blockades at BPP's mill site in Ulu Tatau, Bintulu Division, Sarawak.

The application for injunction was filed at the Miri High Court on the 19 December 2000. BPP as Plaintiff named 4 representatives of the communities as the Defendants. They are TR. Entika Ak Abus of Rumah Entika, Joshua Renang, Sungat Lingo and Jaili bin Sulaiman from Rumah Munggu.

In their statement of claim, BPP are accusing the Defendants as representatives of some 70 people of wrongfully entering the Plaintiff's land without the Plaintiff's consent or permission since the 15^th November 2000 and erected tents, camps and/or huts and/or occupied and/or took possession of part(s) of the Plaintiff's land and remaining there, thereby trespassing on the Plaintiff's land. The Plaintiff is also accusing the Defendants and their groups of creating nuisance to the Plaintiff, its servants and agents.

BPP claimed that they are the rightful owners of the land described as Lot 1, Block 15, Sangan Land District by virtue of the Provisional Lease issued to them by the Government.

However, on the contrary, the natives claim to have native customary rights to the land and have filed a legal representative action in November 1998 by the representatives of the affected longhouses to seek a court declaration to prohibit BPP for taking over their NCR land and challenging the State government on the extinguishment of their NCR to their lands null and void. This legal action was filed in the High Court in Kuching. The court has yet to fix the date for hearing.

Hearing for BPP's application for injunction will be on the 14^th February 2001 at the Miri High Court. - BRIMAS