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FEDERAL COURT PUTRAJAYA
DIRECTOR OF FOREST SARAWAK & ANOR – Appellant
Versus
TR SANDAH TABAU & ORS AND OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. the judgment discusses the native customary rights in sarawak recognized by common law. (Para 1 , 2 , 4) |
| 2. case background and appeals raised. (Para 5 , 6 , 7) |
| 3. the existence of pulau and pemakai menoa as part of iban custom is vital in determining native rights. (Para 8 , 9 , 30) |
| 4. nature of native claims and prior court decisions. (Para 10 , 11 , 12 , 13 , 14) |
| 5. advocacy around recognition of native customs and laws continues to be debated within the courts. (Para 17 , 21 , 44) |
| 6. arguments presented regarding customary rights. (Para 18 , 22 , 23 , 24) |
| 7. the judgment affirms the respect of iban customs surrounding land rights and their practical application. (Para 35 , 70) |
| 8. legal reasoning and statutory implications. (Para 79 , 80) |
| 9. final decision on native rights upheld. (Para 82) |
[1] This judgment is prepared and delivered pursuant to s 78(1) of the Courts of Judicature Act 1964 , as our learned brother, Justice Abdull Hamid Embong FCJ has since retired. My learned brother Ahmad Maarop FCJ had read this judgment in draft and agreed that this judgment be our judgment.
[2] My learned brother Justice Abu Samah Nordin FCJ had also read the judgment in draft and
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