JUDGMENT

Lim Hock Leng J:

1) Introduction

[1] The plaintiff is the sole registered owner of a parcel of land measuring 3.291 hectares more or less, situate in Tawau, Sabah.

[2] The land is held under Native Title 103058608. It is the subject matter of dispute in the case at hand.

[3] The plaintiff's cause of action lies in trespass.

[4] The plaintiff's case is that, on dates unknown, the defendants had wrongfully entered onto and taken possession of the subject land. She complained that they had constructed dwellings thereon and continue to commit trespass. She thus initiated the action herein to recover possession of the land, damages, interest and costs.

[5] The 1st to 35th, as well as the 37th and 39th defendants (collectively referred to as "the defendants") are jointly represented by a common set of solicitors. The 36th and 38th defendants are unrepresented and did not enter appearance; they are not defending the action.

2) A History Of The Land

[6] The original owner of the land is one Amasain Namong. He acquired it by way of a land application submitted to the government vide Permohonan Tanah no 80100101.

[7] Amasain's land application was approved vide a letter dated 19 August 1992