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2022 MarsdenLR 2056

HIGH COURT SABAH & SARAWAK MIRI
HADIE @ SUBOH SALLEH & ORS – Appellant
Versus
MUTUAL ETHIC SENDIRIAN BERHAD & ORS – Respondent


Petitioner Advocates:Dominique Ng,Berryline Ng ,Respondent Advocate: Nicholas Wung,Alan Bong

JUDGMENT

Duncan Sikodol JC:

Introduction

[1] In this action, the Plaintiffs claim are against the 1st, 2nd and 3rd Defendants (hereinafter collectively referred to as "the Defendants" unless the context otherwise requires) for their alleged rights over expired leases of State Lands ie Lots 276, 277, 279, 280, 281, and 282 of Block 17 Kuala Baram Land District (hereinafter referred as "Plaintiffs' Leased Lands") based on the grounds of legitimate expectation for renewal and their alleged Native Customary Rights ("hereinafter referred to as "NCR").

[2] The Plaintiffs are Kedayans or Malays by race and are natives of Sarawak. The Plaintiffs bring this action, on their own behalves and on behalf of their family members residing in Kampung Haji Wahed, Miri. The Plaintiffs claims that they have at all material times acquired NCR over the land as set out in the map marked as " Y" attached to the Statement of Claim, which includes Lots 276, 277, 279, 280, 281, and 282 These lots have since been renamed and/or converted into Lots 2540, 2541 and 2542 of Block 17 Kuala Baram Land District (hereinafter referred to as "the disputed areas").

[3] In the Statement of Claim, the Plaintiffs have pleaded


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