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2017 MarsdenLR 1685

FEDERAL COURT PUTRAJAYA
DIRECTOR OF FORESTS SARAWAK & ANOR – Appellant
Versus
RACHA URUD @ PETER RACHA URUD & ORS AND OTHER APPEALS – Respondent


Table of Content
1. claim based on ancestral heritage and customary rights. (Para 1 , 4 , 5)
2. licenses issued overlap with claimed lands. (Para 6 , 7)
3. determination of procedural correctness in the appeals heard. (Para 10)
4. discussion on appeals regarding customary rights and resettlement. (Para 12)
5. need for continuous occupation for claims. (Para 13 , 14)

[1] These five appeals arise from a claim made by the respondents representing the Kelabits, the Penans and the Lun Bawangs who are natives of Sarawak. The respondents are the six plaintiffs in the court below. As natives, they claim to have acquired and/or inherited customary rights over the areas of land from time immemorial. They sued the appellants on behalf of themselves and the three native groups named above.

[2] The appellant in Appeal No: 01-39-06-2015(Q), Ravenscourt Sdn Bhd, was the 1st defendant in the High court, while Billion Venture Sdn Bhd the appellant in Appeal No: 01-43-06-2016(Q), was the 2nd defendant. The 3rd defendant was Limba Jaya Timber Sdn Bhd, the appellant in Appeal No: 0128-04-2015(Q). The 4th defendant was Kubang Sri Jaya Sdn Bhd, the appellant in Appeal No: 01-38-04-2015(Q). The appellants in Ap

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