PUTRAJAYA: The Federal Court today rejected a bid by Iban communities from two villages in Sarawak to review its ruling that their native custom has no force of law in the state.
In his 29-page judgment, Azahar said the grounds for review submitted by counsels representing Tuai Rumah Sandah Tabau and Siew Ak Libau respectively in Kanowit and Sibu, that the Federal Court’s earlier decision had erred in law and had made various obvious errors, was not a valid and legitimate basis to seek a review of the Federal Court decision.
He said even though judge Abdull Hamid Embong had retired at the time of delivery of judgement, there was no dispute that the judgment of the Federal Court was delivered by the remaining four judges pursuant to Section 78 of the Courts of Judicature Act 1964. The applicants’ counsel had submitted that there was a “hung” decision as the Federal Court’s earlier panel was split 2-2 in its decision since one judge had retired and the other judge did not answer the legal questions.
He said there was no valid reason to depart from the Federal Court decision in Keruntum Sdn Bhd vs Director of Forests & Ors case where the Federal Court held that a litigant cannot enforce the recommendation under paragraph 26 of the IGC that a case originating from the Borneo states should comprise of at least one judge with Bornean judicial experience.
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