STATE GOVERNMENT OF SARAWAK v. MASA ANAK NANGKAI & ORS AND OTHER APPEALS

[2017] 6 MLRA 455
Federal Court, Putrajaya
Raus Sharif CJ, Suriyadi Halim Omar, Zainun Ali, Balia Yusof Wahi, Jeffrey Tan FCJJ
[Civil Appeals No: 01(f)-5-02-2016(Q), 01(f)-6-02-2016(Q), 01(f)-8-02-2016(Q) & Q-01(f)-9-02-2016(Q)]
Raus Sharif CJ, Suriyadi Halim Omar, Zainun Ali, Balia Yusof Wahi, Jeffrey Tan FCJJ

Land Law : Native customary rights - Encroachment - Defendants' development of oil palm plantation - Whether resulted in plaintiffs being deprived of their native customary rights - Federal Constitution, arts 5, 13 - Land Code (Cap 81) (Sarawak), s 8 - Whether the relevant Principal Deed and the Joint Venture Agreement had violated s 8 Sarawak Land Code

Land Law : Native customary rights - Exercise of - Whether a native, whose native customary land was within a Development Area declared under s 11 Land Custody and Development Authority Ordinance (No 4 of 1981) (LCDA Ordinance) was entitled to claim to land under native customary rights - Whether defendants ought to surrender land back to plaintiffs - Whether s 11(4) LCDA Ordinance in breach of art 13 Federal Constitution - Whether compulsory acquisition of the NCR lands made without compensation pursuant to s 15 LCDA Ordinance - Whether declaratory reliefs granted by High Court were proper and legal having regard to ss 11(4) and 15 LCDA Ordinance

Sign up to view full cases Login