[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 settleme