Ian HC Chin J:

Introduction

On 26 November 1986 Narinder Kaur ('the plaintiff') filed the present originating summons against the following persons for possession of a parcel of land described in Penampang Country Lease No. 215100422 ('the said Land'), viz.:

1. Deyoh Opong (H0016452)

2. Jumin Buayan (H0147632)

3. Ratanah Keri (H0059838)

4. Yusof Daud (H0068588)

5. Liman Meh (H0045691)

6. Bina Keri (H0039291)

7. Kaam Keri (H0046404)

8. Libah Liman (H0396299)

9. Salamah Meh (H0060358)

10. Ismail Naim (H0496571)

11. Dg. Junah Perak (H0512999)

12. Derus Harris (J0129926)

13. Jurah Sih (H0030812)

14. Dg. Siah Mandaut (H0138891)

15. Masri Maslin

16. Sabtu Lahir (H0088926)

17. Atoh Udin (H0047607)

18. Sunir Ghani (H0599721)

19. Amir Shah Sabtu (H0135026)

20. Dr. Hong

21. Adsin Shai

22. Seremah Sapong (H0016453)

23. Aisah Atuh (H0065610)

24. Anjas Alias (H0569835)

25. Aissa Dusin (H0120970)

26. Parais Shariff Baba (H0193593)

27. Aminah Shariff Baba (H016079)

28. Aminah Shariff Baba (H0608813)

29. Awang Besar Ahmad (H0267684)

30. Bulalin Sungkah (H0496571)

Years later, on 8 April 1991, the originating summons was ordered to be treated as if begun by writ. Again years later, on 14 July 1995 a summons for directions was taken out and it was only on 10 July 1996 that this action was set down for trial. The trial was then held on 13 and 15 November 1996 whence I adjourned the case to consider the judgment.

Evidence of Case

On 11 July 1975 the plaintiff became registered owner of the said Land after a transfer for consideration from her sister who was in 1956 transferred the land by their father. Both her sister and father had since deceased. After becoming owner, the plaintiff visited the said Land every two or three months. At that time, the plaintiff alleged, there were no structures on the said Land. However, in 1981 during her visit, she saw structures built on her land and people staying in them.

She then wrote to the Assistant Collector of Land Revenue, Penampang, on 25 May 1981 to seek help to evict the squatters and this brought about a reply on 11 June 1981 asking her to point out the illegal structures. It was on 18 December 1984 that the said office wrote to the squatters to vacate the said Land however the effort was not successful and the plaintiff was informed accordingly on 11 June 1985. Then she instructed a law firm which on 13 July 1985 issued a letter to the squatters to quit, again without success. Hence the proceedings. She testified that she had never given any of the squatters any permission to build their houses there.

Only five of the defendants, the 2nd, 6th, 9th, 17th and 22nd defendants, bothered to appear in Court and they were represented by Razali Awang who also represented the rest of the defendants. Seremah Sapong testified that she built the house in Kg. Muhibbah in the 1960s and it was after the plaintiffs mother had told her "to build on the other side of the land" and showed her the place to build her house. She also owned two other houses in Kg. Muhibbah. She also said: "The mother asked me to build the house outside the land and not inside because the land belonged to the daughter". She also said that the place showed by the mother was the place where she had built the house. When cross-examined she denied that her houses were on the said Land. Salamah Meh said she had stayed in Kg. Muhibbah for 60 years and she had built the house there. She also said there were many other houses there when she built her house. She pleaded with the Court that she had no place to go to. Atoh Udin testified that he cannot remember when he built the house. Yunus Samaad, not a named-defendant, said he had been staying in a house there with his sister since the 1960s. Jumin Buayan testified that the house was built by him and was about 30 years old and he said he went into the land and simply built there. The last defendant to appear and testify was Bina Kiri who said she built