1. Director of Forest Sarawak 2. Superintendant of Lands & Surveys (Samarahan Division) 3. Government of State of Sarawak v 1. Nicholas Mujah Anak Ason 2. Lai Anak Nyambong 3. Pili Anak Mit

01f-30-06-2017q Federal Court (Mahkamah Persekutuan) 17 October 2019 • 01(f)-30-06/2017(Q)

Catchwords

Native Law and Custom - Declaratory reliefs - Native entitlement - Permanent residents of forest reserve - Plaintiffs were entitled under gazette Notification No. 760 to forage or harvest the forest produce in those areas subject to the express conditions - Whether the practice of the plaintiffs is similar to pulau galau and pemakai menoa - Whether practices of the plaintiffs are based on native customary rights - Whether the rights of the plaintiffs are statutorily created - Whether the imposition of conditions within the Second Schedule of Gazette Notification No. 760 entitles the State to retain control over areas other than cleared land or temuda within the forest reserve - Extent of control by State - Whether there are local limits to exercise rights - Section 12(2) of Sarawak Forest Ordinance 1934 Tort - Trespass to land - Encroachment by the defendants - Construction of railway track to carry out logging activities over part of lands causing serious damage to the environment - Concession was granted to licensed timber company - Whether plaintiffs have legal occupation over forest reserve - Whether encroachment to the forest reserve without the plaintiff’s permission amounts to trespass - Whether the findings of the lower courts that the defendants were liable for trespass was justified - Whether the written permission could become a defence for trespass in civil suit - Whether the plaintiffs are entitled to damages - Section 12(2) of Sarawak Forest Ordinance 1934

Practice Areas

Land Law

Judges (5)

Abang Iskandar bin Abang Hashim Coram Ahmad bin Haji Maarop Delivered Alizatul Khair binti Osman Khairuddin Coram Nallini Pathmanathan Coram Zaharah binti Ibrahim Coram

Parties (6)

Government of State of Sarawak Appellant Director Of Forest Sarawak Appellant Lai Anak Nyambong Respondent Nicholas Mujah Anak Ason Respondent Pili Anak Mit Respondent Superintendant Of Lands & Surveys (samarahan Division) Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (01f-30-06-2017q)