Further to our announcement made on 23 March 2009 pertaining to the above we wish to clarify as follows:-
1) The 2 writs of summons both dated 12 February 2009 were served on us by the Plaintiffs’ solicitors only on 20 March 2009 vide their letter dated 17 March 2009.
2) (i) The Plaintiffs are collectively claiming native customary rights (“NCR”) over an area of approximately 38 acres within the land described as Lot 4281 Block 10 Kuala Baram Land District, Miri, Sarawak which is within our township of over 2,700 acres. A small portion of the 38 acres falls within the trunk road reserve whilst the balance falls within the area for future development (3 years or more).
(ii) We are in possession of a document of title issued by the Second Defendant, Superintendent of Lands & Survey, Miri Division under the provisions of the Sarawak Land Code Chapter 81. Section 132 of the Land Code states that the registered proprietor of any estate or interest in land issued pursuant to the provisions of the said Code enjoys indefeasibility of title.
(iii) In 1997 we received a copy of a letter from the Second Defendant addressed to the Plaintiff Sapiee Bin Gani which was copied to us stating that the area claimed had been registered to Naim Cendera Sdn. Bhd. (“NCSB”).
(iv) Subsequent to the above letter, NCSB as a gesture of goodwill made an ex-gratia payment to Sapiee Bin Gani on 19 January 1998 without admission to his NCR claim.
(v) However Sapiee Bin Gani continues to occupy the land. In 22 October 2008, NCSB issued an eviction notice to Sapiee Bin Gani.
(vi) We received the writs of summons on 20 March 2009.
3) NCSB is the only direct subsidiary of Naim Holdings Berhad (“NHB” or “the Company”). It is a wholly owned and a major subsidiary of the Company pursuant to Paragraph 1.01 of the Listing Requirements by virtue of it contributing to 70% of the total consolidated assets of NHB Group.
4) The total cost of investment in NCSB is RM279.962 million.
5) We do not foresee any material financial and/or operation impact on the Group as a result of the receipt of summons.
6) We do not expect to incur any losses arising from the summons.
7) The Plaintiffs for the 2 writs of summons are as follows
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Writ of Summon Suit No.
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Plaintiffs
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21-01-2009 (MR)/1
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Sapiee Bin Gani, Mahani Binti Sidah and Mohammad Ali Bin Sapiee
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21-2-2009 (MR)/2
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Suhaili Bin Seman
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8) Date of hearing is fixed on 27 April 2009
The Company is of the opinion that it has a strong defence as a similar suit (Kuching High Court Suit No:22-55-2008-I) where a claim of NCR was made over land owned by one of the Company’s subsidiaries, Khidmat Mantap Sdn. Bhd., whereby it had successfully applied to the Court to strike out the suit with costs to be taxed unless agreed on 23 February 2009.
Dated this 26 March 2009
