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2017 MarsdenLR 1392
HIGH COURT SABAH & SARAWAK KUCHING
ALBAN MORSE ANAK TULIH – Appellant
Versus
LUCKY HILL COAL MINING SDN BHD & ORS – Respondent
[Suit No: KCH-21NCVC-22-11-2015]
Petitioner Advocates:Joshua Baru,Clarice Chan ,Respondent Advocate: Adrian L Chew,Chan Yin Xi
A claimant must demonstrate continuous occupation and community verification for Native Customary Rights, as per statutory requirements.
Headnote:This judgment involves a claim for Native Customary Rights and related declaratory reliefs over land marked as 'M'. The plaintiff contended inherited rights while the first defendant asserted licensure under the Mining Certificate. The court found the plaintiff did not establish lawful claims or continuous occupation of the land, rendering the community's involvement significant to these rights. The court concluded that the claims were unproven; thus, the plaintiff's applications were denied based on insufficiency of evidence and community consensus. The judgment reflected that any declaration of rights would affect omitted parties, leading to the dismissal of the claims.
| Table of Content |
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| 1. claim for ncr based on inheritance. (Para 1 , 2) |
[1] The plaintiff is claiming against the first defendant for several declaratory reliefs including action for trespass and claim for Native Customary Rights over that land indicated in map "M" ("the said land") annexed to the Statement of Claim herein.
[2] The first defendant is a company incorporated under the Companies Act 1965 having its registered address at No. 21, 1st For, Lot 5439, Block 16, RH Plaza, Jalan Lapangan Terbang, 93250 Kuching. It is the holder of Mining Certificate No. 2D/1/1997 issued by the second defendant dated 22 February 1997 ("the Mining Certificate")
