Durian plantation firm M7 Plantation Bhd is appealing to reinstate its lawsuit against Jaringan Orang Asli Kelantan (Jaringan) chairperson Mustafa Along which is linked to the Gua Musang Orang Asli blockade (above).
According to cause papers sighted by Malaysiakini today, the company’s notice of appeal was filed by law firm Messrs Zaidan & Yusoff at the Court of Appeal Registry at the Palace of Justice in Putrajaya on July 9.
On June 30, the Kota Bahru High Court allowed Mustafa's application to strike out M7 Plantation's suit as well as a related injunction against him.
According to a copy of the memorandum of appeal, M7 Plantation claims that the Kota Bahru High Court had erred in its ruling because it allegedly failed to take into account that Mustafa had allegedly influenced the Orang Asli in several territories including at Pos Simpor.
“The judge had erred in terms of facts and law when he did not take into account the fact that the defendant (Mustafa) as the Jaringan Orang Asli chairperson who has influence over the Orang Asli residents in several areas including Pos Simpor, despite the defendant residing at a different address.
“The judge had also erred in terms of facts and law in not taking into account that the defendant, as Jaringan Orang Asli chairperson, was involved/linked with the blockade erected by the Orang Asli,” M7 Plantation said in its appeal.
Checks showed that the appeal was filed in July and is listed for "e-Review" case management by the Court of Appeal Registry on Oct 18. The e-Review is a form of teleconferencing that allows parties in a legal matter to conduct case management without needing to be present in court.
On June 30, Mustafa's lawyer Siti Kasim told Malaysiakini that the suit was struck out as there was no basis to the claim by M7 Plantation. “We managed to strike out the suit [...] we are happy,” she said.
She added they hoped for a similar outcome for another similar case against the Orang Asli filed by another company.
M7 Plantation filed the legal action in August last year when a group of Orang Asli, reportedly led by Mustafa, blockaded the entrance to the firm’s durian farm.
The Temiar community had erected the blockade as they claimed the company was encroaching onto their native customary land.
M7 Plantation, meanwhile, deemed the blockade “illegal” and denied using force to dismantle it.
It sued Mustafa to prevent him and the Orang Asli from further erecting barricades on the land. In November last year, the Kota Bahru High Court allowed the firm's application for a restraining order for the barricades to be removed.
In March this year, Mustafa applied to strike out the entire legal action which was later allowed. - Mkini
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