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Writ of Summons

Nyipa Ak Tingang is suing Hunud Development Sdn Bhd, the Pahang state government, and Malaysian federal government on behalf of 63 indigenous occupants of Kampung Mengkapur lands in Pahang. The plaintiff is seeking a declaration that the Semak Beri tribe has customary rights over the 7,000 acre Kampung Mengkapur area, as well as general and special damages for wrongful alienation and trespassing of these lands, which violated the tribe's constitutional and statutory land rights. The defendants have been served a writ of summons commanding them to file an appearance within 14 days or the plaintiff may proceed to judgment and execution against them.

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Hisyamuddin Mohamed
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3K views4 pages

Writ of Summons

Nyipa Ak Tingang is suing Hunud Development Sdn Bhd, the Pahang state government, and Malaysian federal government on behalf of 63 indigenous occupants of Kampung Mengkapur lands in Pahang. The plaintiff is seeking a declaration that the Semak Beri tribe has customary rights over the 7,000 acre Kampung Mengkapur area, as well as general and special damages for wrongful alienation and trespassing of these lands, which violated the tribe's constitutional and statutory land rights. The defendants have been served a writ of summons commanding them to file an appearance within 14 days or the plaintiff may proceed to judgment and execution against them.

Uploaded by

Hisyamuddin Mohamed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TERJEMAHAN

IN THE HIGH COURT OF MALAYA AT KUANTAN


IN THE STATE OF PAHANG DARUL MAKMUR
CIVIL SUIT NO: 22NCVC-030-011-2015

BETWEEN
NYIPA AK TINGANG
(NO. K/P: 651012-07-2345)
(Suing on behalf of 63 occupiers of
aboriginal lands at Kampung Mengkapur,
Pahang Darul Makmur)

PLAINTIFF

AND
1) HUNUD DEVELOPMENT SDN BHD
(COMPANY NO.: 237812-B)
2) KERAJAAN NEGERI PAHANG DARUL MAKMUR
3) KERAJAAN PERSEKUTUAN MALAYSIA

DEFENDANTS

WRIT OF SUMMONS
THE RIGHT HONOROOUBLE CHIEF JUDGE OF MALAYA
IN THE NAME OF THE YANG DI-PERTUAN AGONG

To:

Hunud Development Sdn Bhd


No. 10, Jalan PJU 8/5G,
Bandar Damansara Perdana,
47820 Petaling Jaya,
Selangor Darul Ehsan.

and
Setiausaha Kerajaan Pahang
Pejabat Setiausaha Kerajaan Pahang,
Tingkat 2, Blok A Wisma Seri Pahang
25503 Kuantan,
Pahang Darul Makmur
and
Peguam Negara
Pejabat Peguam Negara,
No. 45 Persiaran Perdana Presint 4
62100 Putrajaya,

TERJEMAHAN
Wilayah Persekutuan Putrajaya,
Malaysia.

We command you that within FOURTEEN (14) DAYS after the service of this writ on
you, inclusive of the day of such service, you do cause an appearance to be entered for you in
a cause at the suit of NYIPA AK TINGANG (Suing on behalf of 63 occupiers of aboriginal
lands at Kampung Mengkapur, Pahang Darul Makmur) and take notice, that in default of
your so doing the plaintiff may proceed therein to judgment and execution.
WITNESS

, Registrar of the High Court of

Kuantan in the .

day of

Advocates for the Plaintiff


[Messrs Fakhrul Abduh & Co.]

2015.

Registrar,
High Court, Kuantan.

Memorandum to be subscribed on the writ


This writ may not be served more than six calendar months after the above date unless
renewed by order of court.
The defendant may appear hereto by entering an appearance either personally or by a solicitor
at the Registry of the Court.
A Defendant appearing personally may, if he desires, enter his appearance by post, and the
appropriate forms may be obtained by sending a Postal Order for RM10.00 with an addressed
envelope to the Registrar, Court at Sessions Court of Kuala Lumpur.

TERJEMAHAN

Endorsement of Claim
The plaintiffs claim is for
1. A declaration that the Semak Beri tribe holds aboriginal customary and
proprietary rights over an area approximately 7,000 acres known as Kampung
Mengkapur.
2. General damages amounting to RM 6,500,000.00 for wrongful alienation and
wrongful use of the Kampung Mengkapur aboriginal lands.
3. Special damages for the trespass of Kampung Mengkapur aboriginal lands.
4. Special damages for the breach of aboriginal rights of the Semak Beri tribe under
the Federal Constitution, and/or other fiduciary and statutory duties.
5. Costs.
6. Any other reliefs which the Honourable Court deems fit.

And RM for costs, and also, if the plaintiff obtains an order for substituted
service, the further sum of RM . . If the amount claimed and costs be paid to the plaintiff
or his solicitor within 8 days after service hereof (inclusive of the day of service), further
proceedings will be stayed, but if it appears from the endorsement on the writ that the
plaintiff is resident outside the scheduled territories, as defined by the Exchange Control Act
1953, or is acting by order or on behalf of a person so resident, proceedings will only be
stayed if the amount claimed and costs is paid into the court within the said time and notice of
such payment in is given to the plaintiff or his solicitor.

Endorsement as to solicitor and address


This writ is issued by
solicitors

for

of
the

said

plaintiff

whose

address

is

at...........
......................................................................................................................................................

Endorsement as to service

TERJEMAHAN

This Writ was served by

by way of personal service (or as

may) (state manner of service or in accordance with the terms of an order for substituted
service) on the defendant (who is known to me) (or who was pointed out to me by
) (or who admitted to me that he was
) at ()
on the

day

of 2015.

Process Server

This Writ of summons was served by Tetuan Fakhrul Abduh & Co. solicitor for the
plaintiff whose registered address is at Suite 32, Wisma BBSA, Petaling Jaya, Selangor, Tel:
03 87364 868, Fax: 03 87364 873, Email: rajaibrahimcokjg@gmail.com, Ref. No.:
RICO/KJG/CIV/001/2015

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