Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing the appellant's appeal against the decision of the High Court at Miri. The High Court allowed the respondents' application under O 33 r 2 of the Rules of the High 1980 ("RHC 1980"), wherein after determining a preliminary issue of law based on limitation, proceeded to strike out the appellant's action. The appellant was the plaintiff while the respondents were the defendants before the High Court. For convenience the parties will be referred as they were before the High Court. Leave To Appeal

[2] Leave to appeal was granted by this Court on the following two questions of law:

(1) Whether the provisions of s 202 of the Land Code of Sarawak (" ") applied to bar a claim for compensation for alleged loss of Native Customary Rights ("NCR") over