[1] This is an appeal against the decision of the learned High Court Judge sitting at Miri, given on 31 May 2012, in striking out the appellants' suit under O 18 r 19 of the Rules of the High 1980 ("RHC").

[2] The appellants' suit was struck out on two grounds. Firstly, for using the wrong mode of proceedings. Secondly, the suit was barred by limitation under s 2(a) of the Public Authorities Protection Act 1948 ("PAPA") and Sarawak Limitation Ordinance (Chap 49) (" SLO ").

[3] The appellants are the plaintiffs and the respondents are the defendants. For convenience parties are to be referred to as in the High Court.

Background Facts

[4] The relevant background facts are these. The plaintiffs are Berawan by race and natives of Sarawak. They claimed that they had acquired Natives Customary Rights ("NCR") over three parcels of land which were shown in a map marked "M" annexed in the statement of claim ("NCR Land"). It was the plaintiffs' case that the NCR Land was owned and occupied by their grandparents in accordance with their