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2011 MarsdenLR 568
HIGH COURT SABAH & SARAWAK KOTA KINABALU
ROSINAH NASRY & ANOR – Appellant
Versus
SALAHUDIN HASANAH & ORS – Respondent
[Civil Suit No: S21-61-2010]
Petitioner Advocates:Ansari Abdullah ,Respondent Advocate: Rizwandean Bukhari M Borhan
The court affirmed that jurisdiction over native status lies exclusively with Native Courts, and plaintiffs' claims were barred by limitation due to late filing after knowledge of alleged forgeries.
Headnote:(A) Interpretation (Definition of Native) Ordinance, Cap 64 - Limitation Ordinance (Sabah Cap 72) - Dispute over ownership of 44 parcels of land involving allegations of forgery regarding power of attorney - Court found jurisdiction to determine native status lies exclusively with Native Courts. (Paras 6, 7, 15, 26)
(B) Jurisdiction - Native Courts have exclusive jurisdiction for declarations relating to native certificates under s 3(2) of Cap 64. (Paras 6, 7, 8)
(C) Limitation - Plaintiffs' claim barred due to failure to file within three-year limitation period starting from knowledge of forgery. (Paras 15, 26)
Facts of the case:
The plaintiffs asserted ownership of lands previously claimed by various defendants, alleging that powers of attorney used for sales were forged, and that the 46th and 47th defendants did not qualify as natives of Sabah.
Findings of Court:
The court ruled that the plaintiffs' claims were time-barred under the Limitation Ordinance.
Issues: Whether the Native Courts have exclusive jurisdiction over the native status and if the claims were barred by limitation.
Ratio Decidendi: The court upheld the primacy of native courts for jurisdiction on native matters and concluded the plaintiffs failed to act within the limitation period after becoming aware of allegations of forgery.
Result: Claims dismissed with costs.
| Table of Content |
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| 1. ownership claims and alleged forgery (Para 1 , 2) |
(1) That the 2nd plaintiff is the beneficial and legal owner of 44 parcels of land as from July 1976;
(2) The power of attorney given to the 1st defendant by the land 9 applicants (2nd to 45th defendants) of the 44 parcels of lands (PA) and Substitute PA, all consequential acts made or purported to be made or carried out in pursuant to the PA and Substitute PA, the acceptance and registration of the draft titles, the transfer of ownership and sublease of the said Land, are null and void and of no legal effect; and
