Lim Hock Leng J:

Introduction/Agreed Facts

[1] The 1st, 2nd and 3rd Plaintiffs will be collectively referred to as the Plaintiffs. They are among the 172 beneficial owners/beneficiaries of an undivided parcel of land measuring some 2,000 acres in the District of Tongod in Sabah held under a communal title held vide Field Register title no 254000087 ("the Land").

[2] The Plaintiffs bring the representative action herein for themselves and the other beneficiaries against the 1st Defendant for trespass in relation to a specific part of the Land.

[3] On 2 May 2018, the Land was alienated to the 172 beneficiaries by the Director of the Lands & Surveys Department who as the Collector was named as the Trustee. The beneficiaries had shares in the undivided Land ranging from 3 to 25 acres, as set out in the title deed.

[4] The 1st Defendant purported to occupy a part of the Land ("the subject land") pursuant to a written lease agreement dated 7 August 2018 which was entered into with one Jafray Samin ("DW1") for the monthly rental of RM3,500.00.

[5] It is also an agreed fact that, since 16 August 2021, the 1st Defendant had entered the subject land and carried out site clearing and earthw