DIRECTOR OF FOREST, SARAWAK & ANOR v. TR SANDAH TABAU & ORS AND OTHER APPEALS

[2017] 2 MLRA 91
Federal Court, Putrajaya
Raus Sharif PCA, Abdull Hamid Embong, Ahmad Maarop, Zainun Ali, A Samah Nordin FCJJ
[Civil Appeals No: 01-27-04-2015(Q), 01-30-04-2015(Q) & 02-42-06-2015(Q)]
Raus Sharif PCA, Abdull Hamid Embong, Ahmad Maarop, Zainun Ali, A Samah Nordin FCJJ

Land Law : Customary land - Right to - Native customary rights ('NCR') - Whether common law recognised pre-existing NCR to land in Sarawak - Whether such rights could only be removed by clear and unambiguous words in legislation - Whether existing laws and proclamations only prescribed what natives might claim thereunder but did not reject pre-existing NCR to land

Native Law and Custom : Land dispute - Customary rights over land - Communal forest reserve land held under Iban native custom of "pulau"set aside within territorial domain of "pemakai menoa" - Land used for deriving food, medicines, wildlife and other forest produce by native respondents - Whether respondents had native customary rights ('NCR') to "pulau" land - Whether NCR extending only to cleared and cultivated "temuda" land

These are three appeals before the Federal Court. In Civil Appeal No: 01-27-04-2015(Q) (No 27), the appellants as the Director of Forest, Sarawak and the State Government of Sarawak are appealing against the decision of the Court of Appeal dated 21 June 2013, which affirmed the decision of the High Court in Suit No: 21-2-2009 granting the respondents native customary rights ('NCR') over the claimed area of land situated in Kanowit-Ngemah, Sarawak. The respondents claimed NCR over a total area of 5,639 hectares (claimed area) as land over which they and their ancestors have acquired or inherited. They averred that their ancestors had been occupying the claimed area since early 1800s to this day and they have acquired NCR over the claimed area by virtue of their "adat" or custom of the Ib

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