Malaysia

Orang Asli tribe succeeds in overturning court order on controversial sale of Keramat Condos

Judicial Commissioner Gan Techiong ordered that any future sale or transfer of the units—held under strata title—must be conducted at market value through open tender or public auction.

Updated 1 year ago · Published on 29 Apr 2025 3:28PM

Orang Asli tribe succeeds in overturning court order on controversial sale of Keramat Condos
Judgment recognised the rights of the indigenous group over their trust property - April 29, 2025

SIXTY-FIVE members of the Orang Asli Jakun tribe have successfully set aside a 2023 court order approving the sale of 57 condominium units in Lanai Gurney, Keramat, which form part of the Linggiu Valley Orang Asli (Jakuns) Trust Fund.

The Kuala Lumpur High Court on Monday ruled in favour of the group’s originating summons against RHB Trustees Berhad, the fund’s appointed trustee.

Judicial Commissioner Gan Techiong ordered that any future sale or transfer of the units—held under strata title—must be conducted at market value through open tender or public auction.

The court further directed that the sales process be managed by independent consultants, including legal, valuation and estate agency professionals.

Confirming the ruling, lawyer Rabia Abd Halim, who represented the Orang Asli alongside Siti Zabedah Kasim, said the judgment recognised the rights of the indigenous group over their trust property.

In their summons, filed on 16 July 2023, the Jakun tribe accused RHB Trustees of negligence and failing to inform or seek their consent before initiating the property sale. They contended that the court order issued on 20 June 2023 permitting the sale was unfair and prejudicial to their interests.

The applicants pointed to a property valuation report estimating the total market value of the 57 units at RM17.1 million. They alleged that although an agreement was made to sell the units for RM19 million, only RM12 million was paid into the trust fund, while RM7 million was allocated for supposed renovation costs.

“The remaining RM7 million was given to the real estate agent ostensibly to renovate the property, but instead it was an attempt to deprive the Orang Asli of their rights,”Bernama cited the group stating in their court filing.

They argued that the sale should have been court-regulated and carried out transparently via public auction or open tender, given the trust’s purpose of safeguarding Orang Asli interests. - April 29, 2025

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