Ismail Khan CJ (Borneo):

[1] I have read the judgment of my brother Gill with which I am in entire agreement. I would dismiss the appeal with costs.

Ong CJ (Malaya):

[2] I agree with the judgment of my brother Gill and for the reasons stated by him I would dismiss the appeal with costs.

Gill FJ:

[3] The appellant in this case, being plaintiff in the action in the High Court at Kuching from which this appeal has arisen, had a dispute with ex-penghulu Tawi anak Selaku, the first defendant to the action in the Court below, over some land situate in the district of Simanggang in the Second Division of Sarawak. This dispute was decided in his favour by a judgment of the district native Court, Simanggang in civil case No 9 of 1967 delivered on 6 November 1967.

[4] An appeal lies from the district native Court to a Resident's native Court, under s 8(1)(c) of the Native Courts Ordinance (Cap 43 of the Laws of Sarawak, 1958). Section 7(3) of the Ordinance provides that:

"Such appeal shall be made within thirty days of the date of such decision, or within such further time and upon such terms as the Court to which appeal lies may in any particular case allow, and may be made either verbally