1. ) SUPERINTENDENT OF LAND & SURVEY, LIMBANG DIVISION 2. ) STATE GOVERNMENT OF SARAWAK v SU’OT TEBARI @ SALI TEBARI [SUING ON BEHALF OF HIMSELF AND 3 OF HIS SIBLINGS]

q-01ncvcw-671-11-2021 Court of Appeal (Mahkamah Rayuan) 17 December 2025 • Q-01(NCvC)(W)-671-11/2021 • 37 min read
7 cases cited (0 SG, 7 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (5)

Parties (3)

Case Significance

1. ) SUPERINTENDENT OF LAND & SURVEY, LIMBANG DIVISION 2. ) STATE GOVERNMENT ... is a Court of Appeal (Mahkamah Rayuan) decision dated December 17, 2025 (citation: q-01ncvcw-671-11-2021). <p>This is the government's cross-appeal heard together with Appeal 654 regarding the same NCR land dispute in Limbang. The Court of Appeal allowed the government's appeal with costs of RM30,000, finding the plaintiff had failed to prove native customary rights and that the High Court's inadequate reasoning warranted appellate interference.</p> The panel comprised Azimah binti Omar, Noorin binti Badaruddin and Ravinthran a/l Paramaguru, with Ravinthran a/l Paramaguru delivering the judgment. Counsel appearing: Adzharye bin Johari (counsel for appellant), Clarice Chan (counsel for respondent), Joshua Parir Baru (counsel for respondent), Mohd Adzrul bin Adzlan (counsel for appellant).

Summary

This is the government's cross-appeal heard together with Appeal 654 regarding the same NCR land dispute in Limbang. The Court of Appeal allowed the government's appeal with costs of RM30,000, finding the plaintiff had failed to prove native customary rights and that the High Court's inadequate reasoning warranted appellate interference.

What was the outcome of 1. ) SUPERINTENDENT OF LAND & SURVEY, LIMBANG DIVISION 2. ) STATE GOVERNMENT ...?

<p>This is the government's cross-appeal heard together with Appeal 654 regarding the same NCR land dispute in Limbang. The Court of Appeal allowed th...

Statutes Cited

Land Code
s 17
Land Code
s 10 s 102 s 17 s 202 s 84 s 95

Cases Cited (7)

MY (7)
[2001] 2 CLJ 769 [2005] 3 CLJ 55 [2011] 1 CLJ 1000 [2011] 7 CLJ 342 [2014] 9 CLJ 733 [2018] 1 CLJ 19 [2022] 3 CLJ 1