The High Court does not have original jurisdiction to hear native customary rights claims, which must first be determined by the Assistant Collector of Land Revenue.

Headnote:(A) (Sabah) Land Ordinance (Cap. 68) - Sections 13, 14, 15, 16, 41, and 69 - Appeal by plaintiffs regarding jurisdiction for native customary rights (NCR) claim - High Court lacking original jurisdiction; primary decision to be made by the Assistant Collector of Land Revenue (ACLR) per s. 41(2) - Dismissal of appeal confirmed. (Paras 10, 14, 17)

DARINSOK PANGIRAN APAN & ORS vs HAP SENG CONSOLIDATED BHD & ORS - 2011 MarsdenLR 187