KUCHING: The Court of Appeal yesterday ruled in favour of a bird’s nest collector in a dispute over native customary right to collect bird’s nests at Lubang Bukit Lumut in Bintulu.
The court dismissed the government’s appeal with cost of RM50,000.
Judges comprising Datuk Abdul Wahab Patail, Datuk Tengku Maimun Tuan Mat and Datuk Dr Hamid Sultan Abu Backer gave an unanimously decision.
State legal counsel Datuk JC Fung represented the appellant while Shankar Ram Asnani, Francis Teron and Daniel Ling represented the respondent – Jaya Asahak. The government filed the appeal against a lower court decision favouring the owner of the land and cave where the edible bird’s nests were found and collected by Jaya.
The case arose when Jaya filed a suit against a few individuals from several longhouses, director of Forest Dept and the State Government over the claim. On March 2010, the High Court declared that he has the right.
Subsequently, the appellants sought a declaration against the High Court’s decision stating that it was null and void.
Among Shankar’s submissions was that the appellants recognised this right by issuing yearly licence for the collection of the edible bird’s nests.
Read more: http://www.theborneopost.com/2013/02/08/court-of-appeal-rules-in-favour-of-birds-nest-collector/#ixzz2KHLYrsso
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