Abdul Wahab Patail JCA

(delivering judgment of the court):

The Director of Forest, Sarawak and the State Government of Sarawak (‘the appellants’) appealed to this court against the decision of the High Court delivered on 27 May 2011 in Suit No 21–2 of 2009 filed by the respondents in the High Court at Sibu.

The first appellant is the principal officer in charge of forestry in the State of Sarawak which is governed by the State Government of Sarawak, the second appellant.

The respondents are Iban who claim to have inherited rights from their ancestors who acquired native customary rights over lands situated in Kanowit-Ngemah State Land Forest in Kanowit, Sarawak (‘the licensed area’), as shown in the map marked ‘M’ attached to the statement of claim.

In the above-mentioned Suit No 21–2 of 2009, from which this appeal arises, the respondents, as the plaintiffs, had obtained certain declarations from the High Court, including a declaration that the respondents have native customary rights and/or usufructuary rights over the disputed area.

THE SUBJECT OF THE APPEAL

The appellants had tendered into evidence before the High Court a composite of aerial photographs taken in 1951 and superimposed