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Date : 30 December 2013

MATERIAL LITIGATION HIGH COURT AT KUANTAN, CIVIL SUIT NO.: 22NCVC-64-11/2013 (“CIVIL SUIT”) ABDUL AZIZ BIN EMBONG AND AB AZIZ BIN ARSHAD V LEMBAGA TABUNG HAJI ("LTH") AND TH PLANTATIONS BERHAD (“THP” OR “THE COMPANY”)

TH PLANTATIONS BERHAD

TypeAnnouncement
SubjectMATERIAL LITIGATION
DescriptionHIGH COURT AT KUANTAN, CIVIL SUIT NO.: 22NCVC-64-11/2013 (“CIVIL SUIT”)
ABDUL AZIZ BIN EMBONG AND AB AZIZ BIN ARSHAD V LEMBAGA TABUNG HAJI ("LTH") AND TH PLANTATIONS BERHAD (“THP” OR “THE COMPANY”)
The Company wishes to announce that the above Civil Suit via a Writ of Summons and Statement of Claim dated 29 November 2013, has been received by LTH as the 1stDefendant and the Company as the 2nd Defendant on 24 December 2013. The Civil Suit is initiated by Abdul Aziz bin Embong and Ab. Aziz bin Arshad (representing himself and smallholders in Kampung Meripoh, Kampung Lubuk Batu, Kampung Alai and surrounding areas in Mukim Keratong, Daerah Rompin, Negeri Pahang) (“Plaintiffs”).
In the Civil Suit, the Plaintiffs are claiming for amongst others;

(a) a declaration that the alleged profit derived from the revenue of palm crop cultivated on the following lands which had been developed and managed by THP as oil palm plantations under a lease given by LTH as the proprietor of the said lands in the sum of RM468,461,563.00 including interest belong to the Plaintiffs and that the Defendants return such sums to the Plaintiffs. These lands were alienated to LTH by the State Government of Pahang in 1972 for oil palm development:
      i. H.S. (D) 3736 (formerly known as H.S. (D) (82)) No. P.T. 288, Mukim Keratong, Daerah Rompin, Negeri Pahang);
      ii. H.S. (D) 3737 (formerly known as H.S. (D) (83)) No. P.T. 289, Mukim Keratong, Daerah Rompin, Negeri Pahang);
      iii. H.S. (D) 3782 (formerly known as H.S. (D) (146)) No. P.T. 305, Mukim Keratong, Daerah Rompin, Negeri Pahang);
      iv. H.S. (D) 3783 (formerly known as H.S. (D) (147)) No. P.T. 306, Mukim Keratong, Daerah Rompin, Negeri Pahang);
      v. H.S. (D) 1447 No. P.T. 452 Mukim Keratong, Daerah Rompin, Negeri Pahang; and

      vi. H.S. (D) 1419 No. P.T. 2549, Mukim Keratong, Daerah Rompin, Negeri Pahang. (The registered proprietor is THP).
      (all of the six (6) land titles above are collectively referred to as “Lands”);
(b) for an order that a portion of the Lands measuring 2,080 acres be transferred into the names of the Plaintiffs.

The Plaintiffs have alleged that their entitlement to profit and ownership of 2,080 acres of the Lands as set out in (a) and (b) above arose from certain express terms (“syarat nyata”) imposed by the State Government of Pahang as conditions for the alienation of the Lands.

THP had in 2005, submitted an application to the State Government of Pahang for these “syarat nyata” to be waived and this application was subsequently approved save for the condition that the Lands can only be utilised for cultivation for oil palm.

The facts and claims under this Civil Suit appear to be similar to a suit which was previously commenced by one Shamsudin Bin Abd Hamid (for himself and on behalf of 300 smallholders in Kampung Kota Bahagia, Kampung Lubuk Batu, Kampung Meripoh and the areas surrounding Mukim Keratong) in Kuala Lumpur High Court Suit No. 22NCVC-1210-10/2012 (“Shamsudin Suit”). THP had successfully obtained a Court Order to strike out the Shamsudin Suit on 22 February 2013. The appeal by the Plaintiffs in the Shamsudin Suit against the Court Order dated 22 February 2013 was dismissed with costs by the Court of Appeal on 9 July 2013.

THP has appointed the law firm of Zaid Ibrahim & Co. to act on its behalf and to advise it on the proprietary of the Plaintiffs’ claims whereby THP will appropriately instruct its solicitors to vigorously defend the Civil Suit.

Save for legal expenses, the Civil Suit has no material financial and operational impact on THP at present. THP is currently collating the relevant information in order to make an assessment of any expected losses arising from the Civil Suit.

The Civil Suit has been fixed for case management on 8 January 2014.

THP will from time to time, make the necessary announcements to Bursa Malaysia with respect to any further developments on the Civil Suit.

This announcement is dated 30 December 2013.


Announcement Info

Company NameTH PLANTATIONS BERHAD  
Stock Name THPLANT    
Date Announced30 Dec 2013  
CategoryGeneral Announcement
Reference NoTP-131224-61787
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