SANGKA CHUKA & ANOR v. PENTADBIR TANAH DAERAH MERSING, JOHOR & ORS

[2017] 2 MLRH 286
High Court Malaya, Johor Bahru
Mohd Nazlan Mohd Ghazali JC
[Judicial Review No: 25-27-02-2012]
Mohd Nazlan Mohd Ghazali JC

Administrative Law : Judicial review - Certiorari - Application to quash notice requiring trespassers to vacate lands on Endau Rompin National Park - Applicants claimed customary rights over said lands - Whether any evidence of continuous occupation of said lands - Whether customary land rights were not extinguished and continued to subsist on said lands - Whether customary lands encompassed hunting and foraging areas - Whether respondents owed a fiduciary duty to applicants - Whether notice valid

Constitutional Law : Right to property - Aboriginal peoples' right over land - Applicants claimed customary rights over lands on Endau Rompin National Park - Whether any evidence of continuous occupation of said lands - Whether customary land rights were not extinguished and continued to subsist on said lands - Whether customary lands encompassed hunting and foraging areas - Whether respondents owed a fiduciary duty to applicants - Federal Constitution, art 13

Sign up to view full cases Login