Civil suit by 273 Felda Kemahang 3 settlers reinstated
BernamaPublished: May 8, 2012 6:03 PM | Updated: May 8, 2012 6:04 PM
Two-hundred and seventy three settlers of Felda Kemahang 3 in Kelantan today succeeded in their appeal at the Appeals Court in Putrajaya to reinstate their civil suit against their former lawyers and a legal firm over payment of RM11.23 million which they won in a settlement against Felda.
Two-hundred and seventy three settlers of Felda Kemahang 3 in Kelantan today succeeded in their appeal at the Appeals Court in Putrajaya to reinstate their civil suit against their former lawyers and a legal firm over payment of RM11.23 million which they won in a settlement against Felda.
A three-member panel presided by Justices KN Segara, Azhar Ma’ah and Abdul Aziz Abdul Rahim unanimously allowed the settlers’ appeal to set aside a Kota Baru High Court decision in allowing the respondents’ application to strike out their (the settlers) suit.
Following this decision, the matter is remitted back to the Kota Baru High Court for trial.
Justice Segara also ordered lawyers Wan Rohimi Wan Daud and Asmadi Abu Bakar to file their statement of defence within two weeks from today.
They were also ordered to pay RM10,000 in legal costs to the settlers.
The appellants were among 354 settlers who won their civil suit against Felda when the Federal Court in 2010 rejected the agency’s bid to review a High Court’s decision in ordering it (Felda) to pay RM7.8 million in damages to the settlers.
The amount increased to RM11.23 million with accumulated interest.
The civil suit was over payment of oil palm fruits which the settlers claimed there was grading manipulation of the fruit between 1996 to 2002 which caused them to suffer losses.
Two-hundred and seventy two settlers then filed a civil suit against Wan Rohimi and Asmadi, who are partners in the legal firm Messrs Wan Rohimi & Asmadi, seeking an order that the firm disclose the sum of their legal fees, court costs and the actual amount to be paid to them.
Abdullah Che Hassan and 272 other settlers claimed that the settlers would each receive RM30,000 from the award, instead they each received payment of RM19,000, totalling RM6.72 million.
Writ of summons struck out on Oct 2 last year
The Kota Baru High Court struck out the settlers’ writ of summons on Oct 2 last year.
Their counsel Mohd Yaacob Bakanali earlier told the court that his clients wanted the respondents to disclose the account which the judgment sum was being paid into as they (the settlers) said there was a balance of RM4.5 million of the judgment sum and also interest of RM85,589.
He said the settlers had made several attempts to meet the respondents to have the balance judgment sum paid to all the settlers but the respondents failed to respond to their request.
Counsel Yusfarizal Yusof, representing the respondents, submitted that the High Court was right to strike out the settlers’ civil suit after finding that it was unsustainable as they had, in their statement of claim, sought damages where in fact, they should have sued the respondents for the balance of the judgment sum.
Wan Rohimi and Asmadi has filed a RM25 million civil suit against some of the settlers over conspiracy and defamatory claims. The suit is pending at the Kota Baru High Court.
- Bernama
A three-member panel presided by Justices KN Segara, Azhar Ma’ah and Abdul Aziz Abdul Rahim unanimously allowed the settlers’ appeal to set aside a Kota Baru High Court decision in allowing the respondents’ application to strike out their (the settlers) suit.
Following this decision, the matter is remitted back to the Kota Baru High Court for trial.
Justice Segara also ordered lawyers Wan Rohimi Wan Daud and Asmadi Abu Bakar to file their statement of defence within two weeks from today.
They were also ordered to pay RM10,000 in legal costs to the settlers.
The appellants were among 354 settlers who won their civil suit against Felda when the Federal Court in 2010 rejected the agency’s bid to review a High Court’s decision in ordering it (Felda) to pay RM7.8 million in damages to the settlers.
The amount increased to RM11.23 million with accumulated interest.
The civil suit was over payment of oil palm fruits which the settlers claimed there was grading manipulation of the fruit between 1996 to 2002 which caused them to suffer losses.
Two-hundred and seventy two settlers then filed a civil suit against Wan Rohimi and Asmadi, who are partners in the legal firm Messrs Wan Rohimi & Asmadi, seeking an order that the firm disclose the sum of their legal fees, court costs and the actual amount to be paid to them.
Abdullah Che Hassan and 272 other settlers claimed that the settlers would each receive RM30,000 from the award, instead they each received payment of RM19,000, totalling RM6.72 million.
Writ of summons struck out on Oct 2 last year
The Kota Baru High Court struck out the settlers’ writ of summons on Oct 2 last year.
Their counsel Mohd Yaacob Bakanali earlier told the court that his clients wanted the respondents to disclose the account which the judgment sum was being paid into as they (the settlers) said there was a balance of RM4.5 million of the judgment sum and also interest of RM85,589.
He said the settlers had made several attempts to meet the respondents to have the balance judgment sum paid to all the settlers but the respondents failed to respond to their request.
Counsel Yusfarizal Yusof, representing the respondents, submitted that the High Court was right to strike out the settlers’ civil suit after finding that it was unsustainable as they had, in their statement of claim, sought damages where in fact, they should have sued the respondents for the balance of the judgment sum.
Wan Rohimi and Asmadi has filed a RM25 million civil suit against some of the settlers over conspiracy and defamatory claims. The suit is pending at the Kota Baru High Court.
- Bernama
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