[1] This is an appeal against the decision of the learned High Court judge made on 28 April 2008, whereby His Lordship gave judgment for the defendant, the State Government of Sarawak, (the respondent in this appeal) on their application for determination of points of law pursuant to O 14A of the Rules of the High 1980 (O 14A). The application arose from the plaintiffs (the appellants in this appeal) amended statement of claim in which they challenged, among others, the validity of the extinguishment by the defendant of their native customary rights over land along Batang Balui, in Belaga District, Kapit Division, Sarawak ("the said land").

[2] After hearing submission of counsel for both parties, we dismissed the plaintiffs' appeal with costs. We now give our reasons.

The Background

[3] This action is brought by the plaintiffs on behalf of themselves and the residents of the long houses which they represent. The facts as set out in the statement of claim and the affidavit evidence can be briefly stated as follows.

[4] The plaintiffs are members of the native Dayak communities, having native customary rights over the said land. On 17 June 1997, the defendant, acting