Ian HC Chin JC:

The Plaintiffs' Case

[1] Burhan Bin Ating and 416 ors (hereinafter called the plaintiffs) on 10 August 1991 commenced an action by way of an originating summons against the Director of Lands and Surveys (hereinafter called the 1st defendant), the Government of the State of Sabah (hereinafter called the 2nd defendant) and Merotai Estates Sdn Bhd (hereinafter called the 3rd defendant). The plaintiffs by their originating summons claim against the 1st and 2nd defendants (reproduced faithfully):

(a) A declaration that a piece of land held under MNR 133/2679/78 of 6,700 acres state land and situated at Kawasan LKTNS, District of Tawau applied for by the plaintiffs in October 1989 and also under reference No CMB 515/29/1 PT.K/416 as the successful called the concession) be given to the plaintiffs.

(b) A declaration that the purported cancellation of the plaintiffs application and transfer of the concession to other parties is void ab initio and illegal.

(c) An order ordering the Director of Lands and Surveys to cancel the granting of the concession to others.

(d) An order that the Setiausaha Hasil Bumi do direct the Directors of Lands and Surveys to do all things necess