Court grants interim injunction barring settlement in Bagahak land case


  • Nation
  • Tuesday, 23 Oct 2018

KOTA KINABALU: Two Sabah land development smallholders have won the first round in their bid for a court order barring any settlement between two state-owned companies and three individuals including Deputy Chief Minister Datuk Christina Liew (pic).

Sandakan High Court Judicial Commissioner Bexter Agas Micheal on Monday (Oct 22) granted an interim injunction to the two smallholders preventing state-owned Borneo Samudera Sdn Bhd (BSSB) and Bagahak Plantations Sdn Bhd (BPSB) from entering into any settlement that included transferring the Bagahak land to a Kuala Lumpur-based firm.

The smallholders - Andurangan bin Tubay, 69, and Ettin bin Ali, 81 - were represented at the hearing by their counsels Christine Gloria and Yong Yit Jee.

They now have seven days to file and serve the High Court Order to the defendants - Borneo Samudera and Bagahak Plantations.

The Court also fixed an inter partes hearing on Nov 1.

In their originating summons, Andurangan and Ettin, who are pensioners, stated that any settlement between Liew and two others with Borneo Samudera and Bagahak Plantation should be deemed

invalid, null and void if it did not have the written consent of the smallholders and Ramapower Sdn Bhd.

Andarungan, a retired police officer, and Ettin, a Customs Department pensioner, stated in their originating summons that both companies must seek the consent of all smallholders in the Bagahak land development scheme as well as a company Ramapower Bhd which they had a stake in.

 Their originating summons filed by the law firm Gloria Legal, was centred around a Sept 30, 2014, High Court ruling against Liew, Siti Rahfizah Mihaldin and Samsuri Baharuddin.

High Court judge Justice Chew Soo Ho in his ruling ordered Liew, Siti Rahfizah and Sasuri to pay damages totalling some RM557mil to Borneo Samudera for inducing the Bagahak smallholders to breach their joint venture agreement with the state-owned firm.

Earlier in the originating summons, Andarungan and Etting also sought from the court an injunction barring Borneo Samudera and Bagahak Plantations from transferring land under the Bagahak scheme totalling more than 8,000 acres without the consent of the smallholders and Ramapower as well.

Andarungan and Ettin also sought a court order that any transfer of the said

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