[1] This appeal arises out of a decision of the High COURT dated 29^th October 2013, dismissing the Plaintiffs claim without no order as to costs as agreed between parties hence the appeal before us. For purposes of convenience we will refer to the appellants as the plaintiffs and the respondents as the defendants.

[2] This appeal raises several interesting points of law and fact over the plaintiffs claim to the said land, the subject matter of this dispute based on common law and customary rights.

[3] The Background Facts

i. The plaintiffs belong to the Semaq Beri subgroup of the 'Senoi' category of the Orang Asli (see pp 135-136, AR 2(1))

ii. Their purported claim to the said lands (ie Kampung Mengkapur) cover an area of approximately 7000 acres (the said Land). It includes two primary settlement areas namely, 'Çhahabuk' and 'Tumpesel'. Apart from settlements, there are also grave sites, orchards and ancestral ceremonial sites on the customary lands. A detailed description of the said lands is set out in pp 138-1440, AR 2(1).

iii. The plaintiffs claimed they have lived on and have had an interest in the said lands since at least 1850 (see para 8, p 141, AR, 2(1).

iv. The plaintiffs also