By Dorcas Ting
KUCHING, April 17: The High Court today determined that the Civil Court, not the Syariah Court, holds jurisdiction over a high-profile legal battle concerning the estate of the late Datuk Patinggi Dr Hajah Laila Taib, first wife of the late Tun Pehin Sri Abdul Taib Mahmud, former Sarawak governor.
The decision came after a trial examining the preliminary issue of jurisdiction in the case.
The dispute revolves around the transfer of 50 million shares in Cahya Mata Sarawak Bhd (Cahya Mata) from the estate of the late Laila Taib to her husband’s second wife, Toh Puan Datuk Patinggi Raghad Kurdi Taib, in 2023.
The plaintiffs, Datuk Seri Sulaiman Abdul Rahman Abdul Taib and Datuk Seri Mahmud Abu Bekir Taib, Laila Taib’s sons, allege that the transfer was unlawful and seek the return of these to the estate.
Court proceedings revealed that the defendants—Ragad Taib and RHB Investment Bank—had not initially argued in their pleadings that the Syariah Court should handle the matter. This claim was only raised during oral arguments.
The court also noted the absence of evidence showing that the late Taib had ever made a formal claim under the principle of Harta Sepencarian (matrimonial property) under Syariah law against his first wife’s estate.
The plaintiffs presented witnesses, including Sarawak’s former Chief Syariah Judge, to support their case, while the defendants called no witnesses.
After reviewing submissions and evidence, Judge Alexander Siew ruled that the civil court was the appropriate forum to adjudicate the dispute.
In addition to the jurisdictional ruling, the court ordered Ragad Taib to pay the costs of RM20,000 and RHB Investment Bank RM10,000.
The case will proceed on April 25, 2025 with a hearing on the defendants’ applications to strike out the plaintiffs’ claim. Full written grounds of the decision will be issued if either party file an appeal.
The plaintiffs were represented by Alvin Chong & Partners, while the first and second defendants were represented by Alvin Yong Advocates and S.K. Ling & Tan Advocates, respectively. – DayakDaily
