2011 MarsdenLR 1401

ZAINUN ALI, SULAIMAN DAUD, SYED AHMAD HELMY
BATO BAGI & ORS – Appellant
Versus
GOVERNMENT OF THE STATE OF SARAWAK – Respondent

The extinguishment of native customary rights by the State under the Sarawak Land Code is lawful and does not violate constitutional protections.

Headnote:(A) Sarawak Land Code - Sections 5(3) and (4) - Federal Constitution - Articles 5(1), 8, 13, and 153 - State Constitution of Sarawak - Article 39 - Native customary rights - The extinguishment of native customary rights over land along Batang Balui was deemed lawful, and the plaintiffs' claims for declarations of invalidity were dismissed. (Paras 6, 9)

(B) Appeal - Under Order 14A of the Rules of the High Court 1980, issues suitable for determination without a full trial must be clearly stated, with relevant facts disclosed that do not require further evidence. (Paras 18, 19)

(C) Procedural fairness - The court determined that plaintiffs were given a fair opportunity to be heard, and the procedures complied with statutory requirements. (Paras 10, 25)

Facts of the case:
The plaintiffs, representing native Dayak communities, contested the legality of the State Government's direction extinguishing their customary land rights under the Sarawak Land Code. The direction required a claim for compensation following extinguishment. Plaintiffs sought declarations of constitutional violations and affirmations of their rights over the land.

Findings of Court:
The learned judge concluded that the extinguishment was constitutional and did not violate native rights, dismissing the plaintiffs' assertions.

Issues: The main issues included the validity of the extinguishment direction, and whether the plaintiffs had a right to be heard before the decision was made.

Ratio Decidendi: The court upheld the learned judge's view that the extinguishment was lawful under the provisions of the Sarawak Land Code, and that the plaintiffs had sufficient opportunity to present their case.

Result: Appeal dismissed with costs.