The Board of Directors of THP (“the Board”) wishes to announce that TH PELITA Simunjan Sdn. Bhd. (Registration No. 200901022931 (866030-W)) (“Simunjan” or the “Company”), a 60% subsidiary of TH Ladang (Sabah & Sarawak) Sdn. Bhd. (“THLSS”) (which is a wholly owned subsidiary of THP) is presently involved in a litigation in respect of Native Customary Rights’ claims (the “Litigation Case”). Details of the Litigation Case are as follows:

Kuching Suit No. 22NCvC-43-11/2023 (HC 3)

TR Mini Anak Ringkai & 8 Others v. Simunjan, LCDA Holdings Sdn. Bhd. & Mohd Najib bin Arbi @ Nigel Anak Abi

This is a suit initiated by nine (9) individuals suing on behalf of themselves and other owners, occupiers and/or proprietors of Native Customary Rights (“NCR”) land from Kampung Ruan Surik, Simunjan Sarawak (the “Native Groups”) against Simunjan as the 1st Defendant, LCDA Holdings Sdn. Bhd. as the 2nd Defendant and Mohd Najib bin Arbi @ Nigel Anak Abi as the 3rd Defendant for inter alia, amongst others the following claims:

1. A declaration that the Native Groups have acquired native customary rights and/or are the original title holders or are the customary owners of the NCR land located at Kampung Ruan, Simunjan, Sarawak (“NCR Land”);
2. A declaration that the Native Groups’ rights and title to or ownership of the said NCR Land had been impaired or abridged or wrongfully interfered with by Simunjan, 2nd and 3rd Defendants;
3. A declaration that the act of Simunjan, 2nd and 3rd Defendants in clearing and destroying of properties onto the Native Groups customary land is void and/or wrongful;
4. A declaration that Simunjan, 2nd and 3rd Defendants or its agent(s) or servants are trespassing on the said NCR Land;
5. A mandatory injunction against Simunjan, 2nd and 3rd Defendants or its agent(s) or servant(s) to remove its machineries, equipment and structures on or from the said NCR Land;
6. Special Damages for trespass and for loss of profits amounting to RM184,200,000.00; and
7. Aggravated and/or exemplary damages at 25% of the Special Damages award of RM46,050,000.00.

Initially, on 23 November 2021, the Native Groups had alleged that Simunjan had committed an encroachment over the said NCR Land and had demanded compensation and vacation of the said NCR Land. Upon consultation with the Company’s solicitors, Simunjan was advised to disregard the claims made on the basis that:-

1. the NCR Land is within the NCR Land Development Area as declared by the Minister under Section 11(1) of the Land Custody and Development Authority Ordinance 1981. The said declaration was made pursuant to the Land Custody and Development Authority (Kepayang-Semalatong NCR Land) Order dated 28.5.2014 which had been duly gazetted in the Sarawak Gazette Swk. L. N. 53;
2. a similar suit had been previously filed at Kuching High Court regarding the said NCR Land and had been duly struck off by the Court;
3. THP, as a joint venture partner of LCDA through THLSS was legally entitled to develop the said NCR Land which had been declared as an NCR Land Development Area pursuant to the Land Custody and Development Authority (Kepayang-Semalatong NCR Land) Order dated 28.5.2014 free from any interference; and
4. any dispute regarding ownership should be resolved through the Area Development Committee or the District Natives Court.

Simunjan had appointed Messrs. Wung & Co. (“the Solicitors”) to act on behalf of the Company. In addition, Messrs. S. H. Lim & Co. had also been appointed to assist the Solicitors in managing the Litigation Case.

Based on the facts of the Litigation Case, the Company is of the view that it has a good defence to the claims of the Native Groups.

The affected area of the NCR Land is approximately 1,321.60 hectares out of total area of Simunjan’s land of 9,629.60 hectares.

THP remains committed to defending its position and further development of the Litigation Case will be announced to Bursa Malaysia from time to time.

This announcement is dated 28 January 2025.