Koperasi Orang Asli Kampung Tanam Rompin & Ors v Agri-Tech Sdn Bhd (Court of Appeal, July 20, 2026)
Lai Chee Hoe, Deyvinah Ganesalingam, and Jonathan Tan Ooi Boon of Messrs Chee Hoe & Associates appeared for the appellants
FACTS OF THE CASE
The dispute involves an expansive area of land measuring 101.17 hectares in Rompin, Pahang. The local Orang Asli community asserts that the disputed parcel constitutes their ancestral territory and customary land. Conversely, Agri-Tech Sdn Bhd (“Agri-Tech”) claimed absolute ownership, relying heavily on a registered land title issued to them in 2009.
Agri-Tech secured a summary judgment at the Kuantan High Court in 2025 based on the principle of indefeasibility of title, dismissing the Orang Asli’s claim due to lack of formal documentation, prompting an appeal.
ISSUES BEFORE THE COURT
- Whether customary land claims can be dismissed via summary judgment based only on affidavits.
- Whether a registered title automatically defeats prior, continuous customary occupation without a trial.
DECISION OF THE COURT OF APPEAL
The Court of Appeal unanimously allowed the appeal and ordered a full trial. Key findings included:
- Triable Issues: Customary rights claims are fact-intensive and cannot be summarily dismissed.
- Need for Trial: Conflicting affidavits require oral evidence and cross-examination, not just written submissions.
- Prior Occupation: The trial must determine if customary rights existed before the 2009 title issuance.
TAKEAWAY
Registered titles are not an absolute shield against indigenous claims at a summary stage; a full trial is necessary to evaluate ancestral occupation.
Press Reports:
https://theedgemalaysia.com/node/811486
