KUCHING, (Wed, 5 Sept.): The Deputy Registrar of the Kuching High Court, Encik Azhahari Kamal Ramli yesterday dismissed the application by an oil palm plantation company, Tetangga Akrab Sdn. Bhd. to strike out the Writ and Statement of Claim filed by 33 Bidayuh families from Serian, Sarawak against the company and the Government of the State of Sarawak.

The Bidayuhs by way of a representative action through Ridi Ak Jamil, Aput Ak Kundi, Kaja Ak Sanggong, Gilen Ak Betok and Billy Ak Labon filed their suit against the defendants last May in which they sought, inter alia, a declaration that they had acquired native customary rights to an area of land at Plaman Engkeroh, Temiah Anjur, Sungai Semiking, Serian. They also asked the Court to declare that the provisional lease issued to the company by the Superintendent of Land and Survey Department, Kota Samarahan which they claimed overlapped with their said NCR land was issued in breached of, inter alia, Articles 5, 8,13 and 161A of the Federal Constitution and therefore was and is null and void.

On the 8^th of June, 2001, the company filed the application to strike out the Writ and Statement of Claim on the ground that the Bidayuhs have no NCR over the said land and further, even if they did, their NCR had been extinguished as a result of the constitution of a protected forest over the said land in 1959. The company also claimed that by virtue of the provisional lease issued to them they had acquired indefeasibility of title over the said land. The company's application was heard by the Court on 15^th August, 2001.

In his ruling today, the Deputy Registrar held, inter alia, that as the case involves claim of NCR over land which are not frivolous and vexatious the Bidayuhs should be allowed to go to trial.

The Bidayuhs were represented by Harrison Ngau Laing while the company was represented by William Chang, Evonne Ho and S.P. Ratanah Devi. The State Government was represented by Miss Susan Gau.