[1] This is an appeal against the decision of the High Court of Kuching dismissing the appellant/plaintiff 's claim against the respondents/defendants. The appellant's claims in substance concern declaratory reliefs in respect of two revocations of a timber licence issued to the appellant by the 2^nd respondent and general damages for breach of contract and in tort of 'misfeasance in public office'.

[2] We, after hearing submissions, dismissed the appeal with costs and now give our grounds of judgment.

Background Facts

[3] The background facts have been set out in details by the learned judge and we adopt them. In this judgment we only set out the salient parts of the same.

[4] The appellant through its Director Haji Mohd Louis Ali, had, on 27 July 1982 applied to the then Minister of Forestry Datuk Haji Nor Tahir for a timber licence and the application was approved on 19 July 1983 by the Minister. A Forest Licence T/0279 (licence) was then issued to the appellant by the then Director of Forests. The licence was for a period of 25 years from 10 October 1983 to 9 October 2008 and for an area of 188,926 hectares.

[5] The conditions attached to the licence were these