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COURT OF APPEAL PUTRAJAYA
SUPERINTENDENT OF LANDS AND SURVEYS DEPARTMENT BINTULU DIVISION & ANOR – Appellant
Versus
AGI BUNGKONG & ORS AND ANO.... – Respondent
| Table of Content |
|---|
| 1. introduction to the appeals and parties involved. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of claims regarding native customary rights. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. defendants' position on respondents' claims. (Para 13 , 14) |
| 4. trial judge's declarations and orders. (Para 15 , 16) |
| 5. issues concerning the evidence of map 'm'. (Para 22 , 23 , 24 , 25) |
| 6. legal principles regarding pleadings in court. (Para 26 , 28 , 29 , 30 , 31 , 32 , 33) |
| 7. invalidity of declarations based on erroneous findings. (Para 34 , 35 , 36) |
[1] There are two appeals before us, namely Civil Appeal No Q-01-104-2010 ('the first appeal') and Civil Appeal No Q-02-394-2010 ('the second appeal'). These appeals are against the decision of the High Court at Kuching, Sarawak in respect of two suits which had been consolidated and heard together by the same judge. We heard both appeals together.
[2] The first and second appellants in the first appeal are the Superintendent of Lands and Surveys Department of Bintulu Division ('SLS') and the State Government of Sarawak ('SGS') respectively. The latter is the employer of the former.
[3] The first, second and third appellants in the second appeal are Ladang Sa
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