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2012 MarsdenLR 2055
HIGH COURT SABAH & SARAWAK KUCHING
NUMPANG SUNTAI & ORS – Appellant
Versus
QUALITY CONCRETE HOLDINGS BERHAD & ORS – Respondent
[Suit No: 22-218-2010-II]
The court affirmed the existence of Native Customary Rights over the contested land, ruling that such rights pre-empt statutory provisions and can be upheld in court despite government licenses.
Headnote:(A) Native Customary Rights - Claim and Declaration - This representative action by 14 plaintiffs seeks a declaration of Native Customary Rights (NCR) over land in an area marked red on a submitted map, following unauthorized logging activities by defendants. The 1st defendant held a forest produce license affecting contested lands. Issues of res judicata were raised regarding previous claims. The court found evidence of ancestral cultivation and habitation establishing NCR, thereby rejecting arguments surrounding limitation of government liability and the validity of the submitted mapping evidence leading to the conclusion of granted rights. (Paras 1, 5, 13, 33)
(B) Res Judicata - The court ruled the plaintiffs' claim was not barred by res judicata as the involved parties and areas differed from those in a previous suit. (Paras 14-20)
(C) Adequacy of Evidence - Evidence of NCR was sufficient as descendants provided oral histories and documentation supporting claims of traditional land use. (Paras 11-13)
Findings of Court:
The plaintiffs successfully established NCR rights over the specified area though excluding previously adjudicated areas. The government’s arguments on limitations were found inadequate. (Paras 33, 36)
Issues: The principal questions on whether NCR existed over the defined area and the implications of legal statutes on the plaintiffs' right to pursue the matter in court.
Ratio Decidendi: The court emphasized the pre-existence of NCR under common law prior to statutory acknowledgment while underlining the jurisdiction of current courts to affirm these rights against governmental authority.
Result: Declaration of plaintiffs' NCR granted; other requested declarations dismissed.
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| 1. native customary rights overview (Para 1) |
[1] This is a representative action brought by 14 plaintiffs on their own behalf and on behalf their fellow residents of 16 villages in Sebangan-Sebuyau area of Simunjan District. Their claim is principally for a declaration that the area edged in red in Map "M" which is attached to the Statement of Claim is the land over which they possess Native Customary Rights (NCR). The other prayers are for damages and various injunctive orders to protect their land. The 1st defendant had been granted a Licence to Take Forest Produce by the 5th defendant who is the Director of Forests over some pockets of the land which is within a wider area claimed by the plaintiffs as their NCR land. The 2nd defendant is the contractor of the 1st defendant. The 3rd and 4th defendants are local Headmen who have allegedly dealt with the 1st and 2nd defendants without the authority of the plaintiffs. The 6th defendant is the Government of Sarawak whereas the 7th defendant is the Superintendent of Lands and Surveys, Samaharan Division. The reason for the suit is found in paragraph 9 of the Statement of Claim, ie, that on 11th June 2010, the plaintiffs discovered that the 1st and 2nd defendants or their servants had committed trespass on their land by constructing logging roads and extracting timber. The 1st defendant had been issued a Licence to take Forest Produce No. T/8473. At the end of the case for the plaintiffs, the 1st, 2nd, 3rd and 4th defendant were struck out as defendants pursuant to a consent order entered with the plaintiffs. The balance of the trial proceeded against the 5th, 6th and 7th defendants whom I shall collectively refer to as the "government".
