The registered proprietor's indefeasible title under the Sarawak Land Code prevails over unrecognized native customary rights.

JUDGMENT

Nor Bee Ariffin JCA:

The Appeals

[1] These two Appeals No Q-01(IM)(NCVC)-476-12-2017 (Appeal No 476) and No Q-02(IM)(NCVC)-2507-12-2017 (Appeal No 2507) emanate from the decision of the learned Judicial Commissioner (JC) on 3 November 2017 in allowing the applications by the respondent and the third parties under O 14A of the Rules of 2012 (ROC) in encl 51 and encl 69 respectively, to have certain preliminary questions of law determined. The learned JC was of the opinion that the two applications were amply suitable to be disposed of summarily.

[2] In granting the application in encl 51, the learned JC had struck out the appellants' defence and counterclaim against the respondent and allowed the respondent's claims. The appellants' appeal against this decision is the Appeal No 2507.

[3] Similarly, as regards encl 69, the learned JC had struck out the appellants' statement of claim against the third parties. The appellants' appeal against this decision is the Appeal No 476.

[4] We heard the two Appeals together because of overlapping issues and there are common questions of law. We have carefully considered learned counsel's oral and written submissions and the Appeal Records. We find no appealable error in the learned JC's findings and application of the law to warrant our intervention. We unanimously affirmed the decisions of the learned JC and dismissed the appellants' Appeals. We now give our reasons.

[5] For convenience, the parties will be referred to as they were before the High Court.

The Background Facts

[6] The plaintiff is the registered proprietor of the parcel of land situated between Sungai Liam and Sungai Nyabor, Bakong, Sarawak containing an area of approximately 707 hectares and described as Lot 130 Block 3 Bakong Land District, Sarawak (Lot 130). Lot 130 was formerly a Provisional Lease described as Lot 236 Bakong Land District registered in the plaintiff's name on 15 April 2013 (Provisional Lease). On 2 September 2014 the Provisional Lease was replaced with the Issue of Document of Title for Lot 130.

[7] The plaintiff said that in order to comply with the title conditions that Lot 130 must be fully planted with oil palm crops by 15 April 2018, they had commenced the preliminary works, including setting up camps buildings for workers and machineries.

[8] By a letter dated 7 January 2015 to the Chief Minister of Sarawak, the defendants who are Iban by race together with Tuai Rumah Chabu Ak Makum of Rumah Chabu, had asked for the revocation of the Provisional Lease. The letter was copied to the plaintiff.

[9] In the second half of January 2015, the defendants led by the 1st defendant (D1) came to the plaintiff's camp on Lot 130 and stopped the plaintiff's contractor's workers from doing their work. D1 is the Tuai Rumah of Rumah Ramba of Sungai Liam.

[10] The defendants claimed that they were at all material times the proprietors, occupiers, holders and claimants of native customary rights (NCR) of land situated at or around Sungai Liam, Bakong, Sarawak which includes Lot 130. They had created and/or acquired and/or inherited their NCR land since 1830s and that Lot 130 was their reserved forest or pulau galau which has been reserved for many generations, well before the issuance of the title to the plaintiff.

[11] It was the plaintiff's pleaded case that despite the allegations that the defendants owned NCR over Lot 130, the longhouses of Rumah Chabu and Rumah Ramba do not lie within the boundaries of Lot 130, nor did the defendants cultivate the said land. Lot 130 was formerly under a timber licence with forestry activities since 1994.

[12] There were efforts made by the Resident Office, Miri to facilitate amicable discussion with the inhabitants and representatives of Rumah Chabu, the defendants and the plaintiff. The plaintiff pleaded that the inhabitants of Rumah Chabu had settled amicably and that they had acknowledged the plaintiff's ownership of Lot 130 and even issued a letter dated 26 February 2015 to confir