IN THE STATE OF SABAH, MALAYSIA

IN THE SESSIONS’ COURT AT KOTA KINABALU

SUMMONS NO.

BETWEEN
MOHD.UKONG@ILON BIN LISONG ... PLAINTIFF
[NRIC NO. 4908251-12-5081]
AND
MUNTIN GIBAH ..DEFENDANT

AFFIDAVIT IN OPPOSITION
()

I, MOHD UKONG @ILON BIN LISONG [NRIC NO. 4908251-12-5081], a Malaysian

citizen of full age of Hse 73, Lot 39, Taman Sindo Penampang,Kota Kinabalu,
Sabah do make oath and say as follows: -

1. I am the abovenamed Plaintiff and the owner of a piece of land

under the Native Title (N.T) 043135182 at Kg Mangkaladoi,
Tamparuli in the District of Tuaran.

2. That the facts deposed to herein are unless otherwise stated are facts
which has come to my knowledge as the lawful owner of a piece of
land under the Native Title 043135182.

3. That I have seen and read the Affidavit of Muntin Gibah dated on 23 rd day
of August 2022, filed in support of the Defendant and I make this affidavit
in Opposition thereto.

4. That the judgement obtained against the Defendant herein was in fact a
Judgement in Default of Appearance.

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5. Save that the Judgment in Default of Appearance dated 26th July

2022 (hereinafter referred to as “said Judgment”) has been entered

against the abovenamed Defendant and that the said Judgment
has been served to the Defendant on 28th July 2022, paragraphs 4
of the said Affidavit is denied. The Plaintiff has no knowledge on the
facts stated in paragraphs 4 of the Affidavit in Support.

6. Save that the Writ of Summons dated 29 th June 2022 has been served
by way of Personal Service on the 5 th July 2022 and there was no
appearance made by the Defendant within 14 days after the writ is
served.

7. The memorandum of appearance of the Defendant was only received

by my solicitor on the 22nd of July 2022 after the 14 days period have
expired.

8. I will say that the JID is regular and that the application herein is
intended to deprive my rights to claim damages inflicted into my land.

9. That the Defendant in fact lack the requisite locus standi to make this
application because they have not entered any appearance to the
present action.

10. My solicitors and I verily believe that the Defendant has no defence on
merits.

11. Save where expressly admitted, I dent each and every allegation as if the
same were herein set out and traversed seriatim.

12. I will say that for the reasons hereinabove stated, there is no reason
why the Defendant’s application should not be dismissed. In the
premises, I pray that this application be dismissed with costs to the
Defendant to be taxed unless agreed.

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SWORN by the abovenamed]
…Mohd Ukong @ ILON bin Lisong……………
at Kota Kinabalu on ]
Before me, ]

This Affidavit in Opposition is filed by Messrs VJTDONs & Co., solicitors for the
Plaintiff,whose address for service is at Block E, Lot 51, 1st Floor, CKS Plaza,
Tuaran. P.O Box No. 936, 89207 Tuaran,

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 IN THE STATE OF SABAH, MALAYSIA
IN THE SESSIONS’ COURT AT KOTA KINABALU
SUMMONS NO.

BETWEEN
MOHD.UKONG@ILON BIN LISONG ... PLAINTIFF
[NRIC NO. 4908251-12-5081]
AND
MUNTIN GIBAH ..DEFENDANT

CERTIFICATE

Before me,

.............................