LINTON ALBERT
SAPIAH MAHMUD – Appellant
Versus
SUPERINTENDENT OF LANDS AND SURVEYS SAMARAHAN DIVISION – Respondent
Linton Albert J:
[1] The plaintiff is a native of Sarawak. She claims to have acquired Native Customary Rights over certain areas comprised in various field lots (the said lands) in Sungai Merdang Limau, Samarahan, Kuching. Her pleaded claim is based on the fact that she had purchased the said lands under several documents from the respective sellers who claimed to be entitled to the said lands as successors of the original occupiers or the original occupier to the said lands. In short, the original occupier or successors of the original occupier had acquired Native Customary Rights to the said lands and have sold the said lands to the plaintiff, who in turn, it is contended acquired the Native Customary Rights over the said lands. It is also the plaintiff's pleaded case that the sale of the said lands is permissible under the custom of the erstwhile owners of the said lands under Native Customary Rights who sold their respective field lots to the plaintiff. Additionally the plaintiff pleads that the transactions are permissible under the provisions of the Land Code. The relief the plaintiff is asking for is a declaration that the plaintiff has acquired Native Customary Ri
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