JOHOR BARU: The Johor Fishermen’s Association has obtained an interim injunction preventing Power Corporate Consultant Sdn Bhd from entering its oil palm estate to harvest the fruit.
High Court Justice Vernon Ong Lam Kiat made the order after dismissing a similar application by the company against the association as the company would be adequately compensated should it later succeed in its action filed against the association.
In his affidavit, association chairman Mohamad Dolmat said that in 1995, in order to improve the economic welfare of the 8,000 members of the association, the Johor government alienated the land — measuring about 405ha in Tenang, Segamat — to the association for the purpose of cultivating oil palm trees.
The parties then entered into a harvesting agreement on the land for 15 years.
In return, the association would receive 8% of the net profit from the fourth till the 10th year and 10% from the 11th till the 15th year, but to date, it has not received any payment.
The association had charged the land for a loan of RM2.5mil given to the company to develop the land.
Mohamad said that when the company refused to show the accounts to the association and failed to pay quit rent, it terminated the harvesting agreement and took possession of the land in September 2006.
He claimed that subsequently, the company re-entered the land and sent unidentified persons to threaten the security guards employed by the association by deliberately sharpening their parangs in front of them.
In December 2006 and January 2007, judges Datuk Azahar Mohamed and Datuk Syed Ahamd Helmy Syed Ahmad respectively issued a temporary injunction in favour of the association until the hearing of the application today.
The association was represented by Roger Tan and L.M. Yap while Manian Marappan represented the company.