P'pang woman cries foul over eviction bid
Published on: Sunday, July 31, 2016
Penampang: A resident of Kg Ramayah and her family were dismayed with what they see as an "inhumane act" by lawyers acting for one Clarence Sipain Mojingol, who sent a moving truck together with the High Court Sheriff to evict them from their family home of 20 years at 11am on Tuesday.Edith @ Celestina Gilong asked that if all their goods are taken away from the house, then where are they supposed to stay? She said the ownership of the small plot of land they had built their house is still being argued in the High Court and the verdict is expected only in September.She claimed that the officers in a police van handed the eviction notice and left immediately upon being told that a Daily Express reporter was on his way.
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Giving the background of the case, Celestina said she was served with an eviction notice at the Sessions Court in Kota Kinabalu but won the case because "we had paid the true owners of the lot an amount to be allowed to stay there." The co-owner of the land, Matilda Ozulu, had come as a witness.The evictor, however, appealed to the High Court and got the decision reversed.Meanwhile, the co-owner who owns Lot 2 where they are staying filed the case in the Native Court in July 2013 and won right up to the Native Court of Appeal.
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While the case was being appealed at the Penampang District Native Court, Clarence sold the land to a third party, she added."Hence why are the lawyers trying to chase me out?
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"At the Native Court of Appeal, we heard clearly the judge leading the panel saying that if the Native Court has decided who owns the native titled land, then the High Court or any other court has no business challenging that decision," she said.Stay up-to-date by following Daily Express’s Telegram channel.
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