Contractor Awang Damit Awang Tengah, 49, a descendant of the Brunei sultanate, faces further legal hurdles before he can breathe a sigh of relief over his 50 percent ownership of 3,835 acres in Karambunai, Sabah.

The land houses, among others, a Royal Malaysian Navy base and the world-renowned Nexus Resort Karambunai. The land in dispute is worth RM3 billion at current market rates, according to court records.

Brothers Awangku Ahmad Shah Pengiran Yusof and Awangku Othman Shah Pengiran Yusof say they will dispute a Syariah High Court decision last Friday which validated a High Court order on March 6 last year in favour of Damit and upheld a lower Syariah Court ruling.

The court decisions allow Damit to proceed as administrator of the estate of his great grandmother Pengiran Siti Hafsah Pengiran Mohd Salleh. The Land Office has also been ordered by the courts to endorse Damit as owner to his half of the land.

Damit's ownership of land in the area also covers five-sixths of Pulau Udar Besar which he inherited from his great grandmother and is already registered in his name.

Question mark raised

over lease

The Syariah and Civil Court decisions raises a question mark over the lease of the disputed land by the brothers to Karambunai Resort Sdn Bhd in 1994 to be developed into a luxury resort with more than 450 rooms and a golf course about 30km from Kota Kinabalu.

According to lawyers, the implications of the Syariah High Court decision will also be felt in several other pending Syariah cases in connection with Karambunai land that has already been developed by Karambunai Resorts Sdn Bhd.

Damit resorted to the Syariah Court when the Singapore-based DBS Bank Ltd would not allow him temporary possession of the title deed which it was holding in trust. The bank claimed that there were other claimants to the land. The Karambunai land has been charged for RM300 million to DSB bank of Labuan.

Pursuant to Damit's application, the Syariah High Court on Aug 6, 2008 issued a Notice to the two brothers, Ahmad and Othman, Amanah Raya Berhad (ARB) and Karambunai Resorts Sdn Bhd, naming them as respondents in the case.

In his judgment, Syariah High Court Judge Ahmad Lakim held, among others, that the Syariah Court had jurisdiction over the case as provided for under Article 121(1A) of the Federal Constitution and the Sabah Syariah Court Enactment 2004.

The brothers were represented by Syariah Counsel Zakaria Ahmad Kreah, ARB by Rosmah Mansor and Karambunai Resorts Sdn Bhd by Nooraihan Mohammad Ali.

Damit was represented by Syarie Counsels Jelani Hamdan, Sarjuna Mohd Jukin, Zulkifli Che Yong and Azmi Tan Sri Dr Mohd Rais.

Commented Jelani: "The ruling showed that the Syariah Court has the power to hear cases previously decided by the Civil Court if there is evidence of injustice towards the rightful heir."