KOTA KINABALU: The Federal Court dismissed with cost a local businessman’s application for leave to appeal against decisions in favor of a 54-year-old woman over the possession of a land in Pitas.
Chief Judge Tun Dato’ Seri Zaki Azmi, who sat together with Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judge Dato’ Seri Md. Raus Sharif yesterday dismissed the application for leave by Ruddy Awah.
The three judges meted out the decision after hearing submissions from Ruddy’s counsel Dr. David Fung and reply from Counsel Datuk Kong Hong Ming who acted for 54-year-old Rambilin Ambit.
Ruddy was appealing against the Court of Appeal’s decision on Dec 8, last year, which affirmed the High Court’s verdict in allowing Rambilin’s civil suit against him.
Earlier, David submitted, that the High Court was wrong to hear the suit against Ruddy together with two other judicial review applications also brought by Rambilin against the director of the Land and Survey department, Assistant Collector for Land Revenues (ACLR), Pitas and Registrar of Titles. He said that there was also miscarriage of justice to the appellant.
Kong however told the court that there was no miscarriage or prejudice to the appellant as the procedure for the trial adopted by the trial High Court was consented by all parties.
Kong also said that, the High Court has the power to hear the suit and the two judicial reviews together under the Rules of the High Court.
On July 9, 2007, High Court judge Datuk Ian Chin declared that Rambilin is entitled to possession of the land in Kampung Gailun Salimpdon, Pitas and ordered Ruddy or his servants or agent to vacate the land and delivered to Rambilin.
Ian ordered Ruddy to pay Rambilin mense profit at the rate of RM500 per month from Dec 31, 1996 until possession of the land is delivered to Rambilin as well as pay to Rambilin special damages of RM66,500 and statutory interest of 8 per cent per annum from Dec 31, 1996 until the date of judgment.
Apart from that, he also ordered Ruddy to pay mense profit of RM10,000 for exemplary and aggravated damages, saying this is justified by the fraudulent scheme, with costs to Rambilin.
Meanwhile in allowing Rambilin’s judicial reviews, Ian ordered that the decision of the director of the Land and Survey to alienate the land constituted by two Native Titles and the decision of the ACLR and the registrar of titles to register the two native titles, to be quashed.
He held that the alienation of Rambilin’s land through the issuance of titles by the assistant collector for Land Revenues, obtained by Ruddy and his wife, “unlawful, null and void,”.
The two judicial review actions sought by Rambilin was first, for an order of mandamus to direct the ACLR to deliver a decision in respect of Rambilin’s application for native customary rights for which a land enquiry was conducted and the second was for an order of certiorari directed against the director to quash his decision to issue a title to the land to Ruddy before a decision in land enquiry was delivered.
Source : New Sabah Times
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