[1] There are two appeals before us which emanate from two civil actions at the High Court of Sabah and Sarawak in Tawau. In the first action, Suit No: TWU- 21-6-10-2012 (the first suit) three plaintiffs, Clarence Chiuh (the 1st plaintiff), Lawrence Chiuh (the 2nd plaintiff) and Hasri bin Budia (the 3rd plaintiff) sued the State Government of Sabah (the 1st defendant), the Director of Forestry Department (the 2nd defendant) and Sofien bin Mohd Saib (the 3rd defendant). In the first suit, the plaintiffs sought for the following declaratory reliefs in relation to three pieces of land:

"1. A declaration that the respective plaintiffs have the right and/or legitimate expectation to be issued with title deeds for the lands which they have applied and approved and/or have respectively planted oil palms thereon;

2. A declaration that the plaintiffs held their respective lands under native customary right and that they have permanent heritable and transferable rights to occupy the lands which they have respectively cultivated an