High court dismisses Raghad’s judicial review, upholds Abu Bekir as sole administrator of late Taib’s estate

The court complex in Kuching.
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By Dorcas Ting

KUCHING, Feb 5: The High Court in Sabah and Sarawak has dismissed Toh Puan Datuk Patinggi Raghad Kurdi Taib’s judicial review application, affirming the appointment of Dato Sri Mahmud Abu Bekir Taib as the sole administrator of the late Tun Pehin Sri Haji Abdul Taib Mahmud’s estate.

The ruling upholds the Letter of Administration issued by the Kuching District Officer on April 26, 2024, which granted Abu Bekir full authority over the estate.

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The court found no legal basis to revoke his appointment or to grant Raghad’s request for co-administration.

In delivering its decision, the High Court Judge Leonard David Shim ruled that the probate officer had lawfully exercised his discretion under the Administration of Estate Ordinance (Cap 80).

The judge rejected claims that the decision was unfair or unconstitutional, stating that the law prioritises male heirs over the widow in matters of estate administration.

Furthermore, the court found that the ordinance falls under personal law, which is exempt from constitutional challenges related to gender equality under Article 8(5)(a) of the Federal Constitution.

Raghad, represented by Counsel Sylvester Lai had argued that the appointment of her stepson as sole administrator was discriminatory and violated her legal rights as the deceased’s widow.

She sought to have the decision overturned and requested that she be appointed as a co-administrator alongside Abu Bekir.

As an alternative, she proposed that Majlis Islam Sarawak or an independent third party be appointed to manage the estate, citing ongoing legal disputes within the family and the need for fair administration.

The State Attorney-General’s Chambers Sarawak, represented by Lonie Pinda and Syafiq Sapri, defended the decision of the Kuching District Officer, arguing that the probate officer had acted within his legal authority.

The second respondent, Abu Bekir, was represented William Yeo, while the third respondent, Dato Sri Sulaiman Abdul Rahman Abdul Taib, was represented by Alvin Chong and Jonathan Tay.

The court, however, ruled that there was no procedural error in the issuance of the Letter of Administration, nor was there a legal requirement to appoint the widow as a co-administrator.

The judge emphasized that the probate officer had acted in accordance with established legal principles and that there was no violation of natural justice in the decision-making process.

With this ruling, Abu Bekir remains the sole legal administrator of the late Taib Mahmud’s estate, which includes substantial assets and holdings in Cahya Mata Sarawak Bhd (CMS).

The decision is expected to have significant implications for the ongoing family dispute over the estate’s administration.

It remains to be seen whether Raghad will seek further legal action or appeal the decision. – DayakDaily

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