April 26, 2010

Justice Done! – Bank Loses Case in NT land abuse by Non-Native #SSSM

International Bank Malaysia Bhd loses its bid to retain its right as chargee of a Native Title (NT) land which was fraudulently transferred to a Non-Native.

The bank is poorer by RM100,000/-, a drop in the bucket for them and hey, they could just write it off as losses and get a tax discount. But more importantly, this landmark case send a clear warnings to bank institutions in Sabah. I bet managements of Banks now are telling their legal and loan departments to review their guidelines and policies. They might even be looking into their existing loans involving NT lands.
And I bet and I hope, Non-Natives who are in possession of NT Lands via fraud are having sleepless nights right now. 

Owning a land is perfectly fine, it is your god given right but owning them via fraud, now that is where it is not okay.

Read the Judgment and background of the case here.

I am glad that justice has been dispensed. However, there is still one party that has gone scot free to my opinion; The Assistant Collector of Land Revenue (ACLR), Penampang.

How on earth could they accept the transfer of the NT land to Yeo Kee Seng via a document dated 8 November 1993 (please refer to para 16 of judgment) signed by Naman Dalu @ Jamesoon, whose power of attorney has been acknowledged as revoked by ACLR itself on 18 December 1992 via its letter of 16 February 1993 (please refer to para 15 of judgment)to the solicitors of the rightful owner of the land?

One would question their process and record keeping. Such a silly mistake really casts doubt on ACLR Penampang’s efficiency. Heck, it casts doubt on all districts’ ACLRs. How stringent and robust are your process and record keeping?

For crying out loud, you agreed to a transfer of NT land to a Non-Native?

Did this fellow Yeo Kee Seng present ACLR Penampang with a certified Sijil Anak Negeri (SAN)? If he did, obviously it was a fake because the court ruled that he is a Non-Native.

Shouldn’t MACC start probing on this? MACC, please do investigate.
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