The burden of proof lies with the plaintiffs to substantiate their claims of Native Customary Rights, which they failed to do convincingly.

[1] Assailed in these appeals is the decision of the High Court of Miri (Stephen Chung Hian Guan J, presiding) ("the learned trial judge") delivered on 18 October 2010, dismissing:

(a) the plaintiffs' claim in Miri High Court (Ranggong ak Jenau & 10 Ors v. BLD Resources Sdn Bhd & 2 Ors ("the 1st Suit"); and

(b) the 1st defendant's counterclaim in Miri High Court Suit No MYY-21-3-3-2012 (BLD Resources Sdn Bhd v. Changgai Anak Dali) ("the 2nd Suit").

[2] For ease of reference, in this judgment, the parties will be referred to as they were in the Court below:

[3] The central issue that is cross cutting the entire appeal is whether the learned trial judge was correct in holding that the plaintiffs had failed to prove on a balance of probabilities that they had acquired and/or inherited Native Customary Rights ("NCR") over an area of land at Sungai Sah, Ulu Sungai Niah, including Lot 91 Sawai Land District ("Lot 91").

[4] For the reasons that follow, we affirmed the learned trial judge's dismissal of the plaintiffs' claim in the 1st Suit and the 1st defendant's counterclaim in the 2nd Suit.

Facts And Procedural Background

[5] The hearing of these cases has had a chequered history. The 1st defendant filed the 2nd Suit in the Kuching High Court against PW17 for trespassing on and carrying out works to clear a portion of Lot 91 for the purpose of carrying out plantation activities.

[6] Subsequently, the plaintiffs filed the 1st Suit in the Kuching High Court, representing themselves as well as on behalf of all the residents of the longhouse known as Rumah Ranggong in Sungai Sah, Ulu Sungai Niah, Niah, Miri Division, Sarawak against the 1st, 2nd and 3rd defendants.

[7] Both suits were then transferred to Miri High Court on the basis that Lot 91 and the Claimed Area are within the jurisdiction of the Miri High Court. Both suits were jointly tried before the Miri High Court.

[8] The plaintiffs' case is based on primary and secondary sources. They claimed that they are Iban and natives of Sarawak. Their ancestors had migrated from their former longhouse in Sri Aman sometimes in early 1930s and settled and built their longhouse at Sungai Setapang, a tributary of Sungai Niah. They were led by one Penghulu Manggoi.

[9] Sometimes in the 1940s, a group led by Jenau anak Nyuai split from Manggoi's longhouse and went further upstream of Sungai Niah and built a new longhouse near Kuala Sungai Sah. Sungai Sah is another tributary of Sungai Niah. Jenau anak Nyuai become their Tuai Rumah at this new longhouse.

[10] After Jenau Anak Nyuai died, his son, Ranggong anak Jenau ("the 1st plaintiff in the 1st Suit") became the Tuai Rumah of the longhouse and their longhouse is now known as Rumah Ranggong.

[11] A few years after the Japanese occupation in Sarawak, officials of the British Colonial Administration stationed at Niah and Miri went to the plaintiffs' longhouse and told the resident that they wanted to fix and record the communal land boundary between the plaintiffs' longhouse and the longhouses neighbouring them, namely, Rumah Remang (now called Rumah Umpur), Rumah Penghulu Manggoi (now called Rumah Ampau) and Rumah Gawan (now called Rumah Belilie).

[12] The land or area within the communal land boundary of the plaintiffs' longhouse (Rumah Ranggong), has been identified by the former Native Office at Sub-District office at Sepupok, Niah as "Ranggong's Area" in the "Composite Plan Showing Distribution of Native Farming Land at Suai/ Niah/ Sibuti" as stated at para (vi) and (vii) of the plaintiffs' statement of claim.

[13] Then, a boundary or p