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HIGH COURT SABAH & SARAWAK KUCHING
JIMI MANTALI & ORS – Appellant
Versus
SUPERINTENDENT OF LANDS & SURVEYS SAMARAHAN DIVISION & ANOR – Respondent
| Table of Content |
|---|
| 1. claims of native customary rights (Para 1 , 2 , 3) |
| 2. defendants deny existence of native rights (Para 4) |
| 3. evidence from plaintiffs' witnesses on land usage (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. defendants' evidence supporting mixed zone classification (Para 13 , 14 , 15) |
| 5. definition and context of native rights in sarawak land code (Para 16 , 17) |
| 6. historical context of native rights recognition (Para 18 , 19 , 20 , 21) |
| 7. court's analysis of plaintiffs' claims (Para 22 , 23) |
| 8. doubts regarding evidence and classification of land (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 9. conclusion and dismissal of plaintiffs' claims (Para 33) |
| 10. rejection of un declaration adoption in judgment (Para 34 , 35 , 36) |
[1] The plaintiffs, for themselves and on behalf of the rest of their villagers at Kampung Tambirat, Asajaya in the district of Samarahan are claiming native customary rights over a parcel of land described as Lot 3403, Block 59, Muara Tuang Land District. They claimed that their acquisition of native customary rights over the said land was by themselves and/or their parents or grandparents in accordance with the provisions of the Sara
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