Siti Norma Yaakob JCA:

[1] We had dismissed this appeal with costs and we now give our reasons for having decided so.

[2] The appellants (the plaintiffs in the Court below) are twin brothers and are the sons of Pengiran Mohd Yusoff bin Pengiran Abdul Razak, deceased, and Pengiran Siti Alimah bte Datu Hussein, deceased. The appellants were born on 7 February 1966, and it was on that day too that they lost their mother and inherited her 1/2 undivided share in a leasehold comprised in Country Lease No 04509117 situated in the District of Kota Kinabalu, Sabah. Together with the other 1/2 undivided share which forms part of the Estate of Pengiran Siti Hapsah bte Pengiran Mohd Salleh, the appellants' grandmother who died on 1 August 1978, the two parcels of land, covering an area of 3835 acres more or less, form the subject matter of the dispute in these proceedings. We shall refer to these lands as the Karambunai land. Attached to the title is a copy of the Land Regulations Of British North Borneo, 1894 (the 1894 Regulations) of which cl 20 forbids any dealing on the land with non-natives.

[3] With that restriction in the title, the Karambunai land had remained with the family of t