John Ko Wai Seng J:

I. Introduction

[1] The Plaintiffs claim is for compensation over lands as particularised in para 3 of the Statement of Claim (SoC) located at Uma Daro, Balui Belaga (their Lands) which they claim their Native Customary Rights (NCR) has been extinguished by Direction of the Minister through "The Land (Extinguishment of Native Customary Rights) (Bakun Flooded Area II) (No 26) Direction 1997" (Direction) published in the Sarawak Government Gazette dated 17^th June 1997 made under s 5(3) and s 5(4) of the Land Code (Swk. Cap 81 1958 Edn ) of Sarawak (the Code), for the reservoir of the Bakun Hydro Electric Power Project (Bakun Dam project).

[2] In para 23 of the SoC the Plaintiffs claim for the following reliefs and remedies:

"23. Wherefore the Plaintiffs claim against the Defendant:

i. for a declaration that they have acquired individual native customary rights over the said lands and lawful proprietors of the same;

ii. a declaration that their rights have been impaired and or abridged by the said Direction;

iii. a declaration that as a result of the impairment and abridgement of their native customary rights over the said lands, they have consequentially suffered