Court rules St Alban’s Chapel, school have irrevocable licence

KUCHING: Kuching Sessions Court ruled yesterday that St Alban’s Chapel and SK St Alban, under the Anglican Church in Sarawak and Brunei, have an irrevocable licence to occupy the land on which both buildings sit so long as it is used for religious and educational purposes.

Plaintiffs Kampung Sungai Tapang headman Willie Bohen and Duis Kinchon – children of two of the original landowners – had disputed the Church’s right to occupy the land.

They had named the Right Reverend Datuk Bolly Lapok – former Bishop of the Anglican Church in Sarawak and Brunei, which is known as the Diocese of Kuching, as first defendant, as he was the trustee of land belonging to the Anglican Mission and churches.

The other defendants were St Alban’s Chapel working committee members, SK St Alban Sungai Tapang headmaster and management committee, then state education director Wan Samsuiri Wan Hasbi, and several contractors tasked with upgrading the school.

According to the facts of the case, both the school and church were set up in 1961 and, in 1970, the Land and Survey Department issued titles for the land on which both buildings sit to Bohen Sulong – who was then village head, Kinchon Sageh, Atok Menyat, and Jenggi Layu.

In 1978, then headmaster Gereman Siong revealed the status of land ownership to the villagers after he was shown a copy of the land title, as the villagers wanted to repair the school.

In 1997, the land was surrendered to the Mission by Kinchon, Willie – on behalf of his father Bohen, Jubai Jenggi, and Pawi Jenggi, and the signing of the surrender was witnessed by then SK St Alban parent-teacher association president Maniam Mathiah.

Counsels Leonard Shim and Alan Bong from Reddi and Co, and Clarice Chan from Baru Bian Advocates represented the defendants while Theresa Udam from Sio and Ting Advocates represented the plaintiffs.

Set up in the 1960s, Kampung Sungai Tapang now has more than 200 households.

It is situated along Sungai Tapang- Old Airport Road in Kota Sentosa here.