LAND CUSTODY AND DEVELOPMENT AUTHORITY v SU’OT TEBARI @ SALI TEBARI [SUING ON BEHALF OF HIMSELF AND 3 OF HIS SIBLINGS]

q-01ncvcw-672-11-2021 Court of Appeal (Mahkamah Rayuan) 17 December 2025 • Q-01(NCvC)(W)-672-11/2021 • 37 min read
7 cases cited (0 SG, 7 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (6)

Parties (2)

Case Significance

LAND CUSTODY AND DEVELOPMENT AUTHORITY v SU’OT TEBARI @ SALI TEBARI [SUING ON... is a Court of Appeal (Mahkamah Rayuan) decision dated December 17, 2025 (citation: q-01ncvcw-672-11-2021). <p>This is the LCDA's cross-appeal heard together with Appeals 654 and 671 regarding the same NCR land dispute. The Court of Appeal allowed LCDA's appeal with costs of RM30,000, holding that alienation of land by the State extinguishes NCR and bars rectification of title, with the native's only remedy being damages against the government.</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: Clarice Chan (counsel for respondent), Joshua Parir Baru (counsel for respondent), Rachel Ho (counsel for appellant), Sim Hui Chuang (counsel for appellant).

Summary

This is the LCDA's cross-appeal heard together with Appeals 654 and 671 regarding the same NCR land dispute. The Court of Appeal allowed LCDA's appeal with costs of RM30,000, holding that alienation of land by the State extinguishes NCR and bars rectification of title, with the native's only remedy being damages against the government.

What was the outcome of LAND CUSTODY AND DEVELOPMENT AUTHORITY v SU’OT TEBARI @ SALI TEBARI [SUING ON...?

<p>This is the LCDA's cross-appeal heard together with Appeals 654 and 671 regarding the same NCR land dispute. The Court of Appeal allowed LCDA's app...

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