The settlers at Kampung Gatco, Negri Sembilan, have filed an appeal against the dismissal of their bid to reclaim land that they argue is rightfully theirs.

The appeal to the Court of Appeal was filed at the Kuala Lumpur Court Complex this afternoon, while about 40 settlers held banners outside the court complex.

Their lawyer R Kengadharan said the Kuala Lumpur High Court had ruled against the settlers on Oct 17.

The case was decided on 10 questions of law jointly brought by the two defendants, he said. Eight of the questions were decided in the setters’ favour and two against; the case was hence dismissed.

“Those that have been in our favour, of course we are not appealing against that. But those that were not in our favour, we are appealing against that for the consideration of the Court of Appeal,” he said today.

The plaintiffs comprise 140 settlers of Kampung Gatco, also known as Kampung Serampang Indah. The liquidators Jayapalasingam Kandiah and Yong Yoon Shing are named as the first defendant, while the company Thamarai Holdings Sdn Bhd is the second defendant.

The two questions that the settlers are appealing against are: Whether they have locus standi to bring the lawsuit against the first defendant, and whether there was a constructive trust set up for the benefit of the plaintiffs.

Kengadharan (photo) said the high court replied in the negative to these two questions.

Asked if the defendants are also appealing the case, Kengadharan said he has yet to be served any notice on the matter, but the defendants have two more days to file their appeal.

The disputed land is about 4,700 acres in size, and was leased to the Great Alonioners Trading Corporation Bhd (Gatco) in 1977 by the Negri Sembilan State Economic Development Corporation (SEDC) to set up a land development scheme.

Non-bumiputra settlers had to pay RM7,600 to join the scheme, while bumiputra settlers had to pay RM4,000. Each family was provided one acre of land for housing, and ten acres for sugar cane plantations. The plantations were later changed to eight acres of rubber plantations.

However, the land was charged to two financial institutions after Gatco failed to settle its debts, and liquidators sold the land to Thamarai.

The 140 settlers then sued Thamarai and the liquidators over the sale. Their application for leave at the Kuala Lumpur High Court was initially refused, but they were successful at the Court of Appeal and Federal Court where both courts ordered the High Court to hear the case.

This culminated in the Oct 17 High Court decision, and today’s application for an appeal.

“Let me assure you that the struggle of the Gatco people will continue. It will continue until they claim their land and their rights on their land.

“They are determined to struggle, determined to continue their battle until their rights are restored,” Kengadharan said.