On 19th July 2024, the Court of Appeal (consisting of a quorum of three judges) pursuant to Section 44(3) of the Courts of Judicature Act 1964, set-aide and discharged the Order dated 28th May 2024 handed down by a single judge of the Court of Appeal, which was granted under Section 44(1) of the Courts of Judicature Act 1964. (read more at: https://cecilabraham.com/court-of-appeal-decision-on-the-raub-durian-feud/)

As such, the Court of Appeal has declined to grant the purported farmers any right to enter State Land or the Forest Reserve in the District of Raub, State of Pahang to continue to grow, maintain or cultivate durian trees as well as sell durian fruits pending the farmers substantive appeals before the Court of Appeal.

The Court of Appeal has therefore accepted the arguments that the Firm advanced on behalf of Royal Pahang Durian Resources PKPP Sdn Bhd (i.e. the 6th Respondent) in opposing the stay applications filed by the alleged farmers pursuant to Section 44(3) of the Courts of Judicature Act 1964.

Our team on the matter includes Tan Sri Dato’ Cecil Abraham, Dato’ Sunil Abraham, Noor Muzalifah binti Shabudin, Mohd Irwan Ismail and Yap Jing Wen.

References:

  1. https://www.thestar.com.my/news/nation/2024/07/19/musang-king-durian-farmers-fail-in-bid-to-gain-access-to-orchards-in-raub
  2. https://thesun.my/local-news/musang-king-durian-farmers-fail-in-bid-to-gain-access-to-orchards-in-raub-AA12747447
  3. https://www.freemalaysiatoday.com/category/nation/2024/07/19/musang-king-farmers-fail-in-bid-to-gain-access-to-orchards-in-raub/
  4. https://themalaysianreserve.com/2024/07/19/musang-king-durian-farmers-fail-in-bid-to-gain-access-to-orchards-in-raub/
  5. https://www.bernama.com/bm/news.php?id=2319717