DIRECTOR OF FORESTS, SARAWAK & ANOR v. RACHA URUD @ PETER RACHA URUD & ORS AND OTHER APPEALS

[2017] 3 MLRA 81
Federal Court, Putrajaya
Arifin Zakaria CJ, Hasan Lah, A Samah Nordin, Azahar Mohamad, Balia Yusof Wahi FCJJ
[Civil Appeals No: 01-29-04-2015(Q), 01-28-04-2015(Q), 01-38-04-2015(Q), 01-39-06-2015(Q) & 01-43-06-2015(Q)]
Arifin Zakaria CJ, Hasan Lah, A Samah Nordin, Azahar Mohamad, Balia Yusof Wahi FCJJ

Land Law : Customary land - Encroachment of native lands - Derivative action - Defendants allegedly entered, encroached and trespassed into plaintiffs' Native Customary Rights ('NCR') lands, pursuant to timber licences - Whether there was an abandonment by plaintiffs of their NCR to the land - Whether plaintiffs' NCR have been extinguished

Native Law and Custom : Customary land - Encroachment of native lands - Derivative action - Defendants allegedly entered, encroached and trespassed into plaintiffs' Native Customary Rights ('NCR') lands, pursuant to timber licences - Whether there was an abandonment by plaintiffs of their NCR to the land - Whether plaintiffs' NCR have been extinguished

This was a derivative action filed by the 1st and 2nd plaintiffs on behalf of the Kelabits, by the 3rd and 4th plaintiffs on behalf of the Penans and by the 5th and 6th plaintiffs on behalf of the Lun Bawangs of Long Napir and Kampung Bahagia, all of whom claimed that as natives of Sarawak, they have acquired and/or inherited Native Customary Rights ('NCR') over certain areas of land since time immemorial. The 1st defendant is the holder of a timber licence which was issued by the 5th defendant. The 2nd defendant is the holder of a planted forest licence. The 3rd defendant is the holder of a planted forest licence, while the 4th defendant is the holder of a timber licence. The plaintiffs claimed that pursuant to the licences, the defendants entered, encroached and trespassed into their

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