JUDGMENT

Introduction

1. Vide Enclosure 1, the Plaintiff applies under Order 89 of the Rules of Court 2012 ("ROC 2012") for possession of land held under Native Title No. 123043612 at Segarong, Semporna ("the Land"), and for all persons in occupation to vacate and deliver vacant possession within 30 days. The application is supported by the Plaintiff's affidavit affirmed on 30 April 2025 (Enclosure 2). The 1st Defendant opposes it by an affidavit affirmed on 11 May 2026 (Enclosure 30). The Plaintiff filed an affidavit in reply affirmed on 22 May 2026 (Enclosure 31).

Background Facts

2. The Plaintiff is the registered co-owner of the Land, measuring approximately 8.05 hectares. The title stated that Makaraji bin Bilal Ulak, the Plaintiff's late father, as the original proprietor dated 6 December 1982, a date of commencement on 1 January 1983, and subsequent transmission to the Plaintiff and his sister pursuant to the distribution of the deceased's estate.

3. The Plaintiff averred that his late father applied for the Land under Land Application No. LA82120323 and accepted a letter of offer dated 1 December 1982 on or about 6 December 1982. The document of title was issued in July 2012. The Plaintiff and his sister became registered co-proprietors in January 2023.

4. The Plaintiff further averred that in August 2008 he and his late mother discovered unknown persons cultivating oil palms on the Land without the family's permission. He lodged a police report on 26 March 2025. Plaintiff further averred that neither he nor his late father licensed or consented to the Defendants' occupation.

5. The 1st Defendant's case is that Lot 143, which corresponds with the Land, formed part of the Segarong "A" Smallholder Scheme administered through the Anak Negeri Semporna Cooperative Land Development Society Limited. She and her family have occupied, cultivated and developed Lot 143 since about 1983.

6. The 1st Defendant's affidavit exhibited official correspondence and records which, on their face, require explanation. They include correspondence of 1981 and 1982 concerning priority for members of the co-operative; a 1989 confirmation by the Assistant Collector of Land Revenue that the 1st Defendant was among the persons cultivating Lot 143 since 1983; and a Lands and Surveys Department letter dated 3 April 1990 directing cancellation of earlier offer letters and issuance of new offer letters to actual cultivators for specified lots including Lot 143.

7. The 1st Defendant subsequently lodged Land Application No. PT92120080 on 22 February 1992. She also relied upon a land inspection report of 30 January 1996, a Department of Agriculture development report of 12 June 2001, and later departmental correspondence. These records are said to confirm her actual occupation and development of Lot 143.

8. Of particular significance are earlier High Court proceedings, Civil Cases Nos. TWU-22-52/11 of 2011 and TWU-22-53/11 of 2011. The 1st Defendant exhibited a consent order involving the Assistant Collector and the Director of Lands and Surveys for a land inquiry concerning the disputed lots, including Lot 143. She averred that inquiry has not been finally concluded.

9. The 1st Defendant lodged a private caveat and, on 22 November 2023, a written native customary rights claim under section 14 of the Sabah Land Ordinance. A departmental confirmation dated 14 March 2024 listed her as the "Penuntut/Occupier" of Lot 143. She also relied on a Native Court decision dated 2 August 2024, although its jurisdiction and legal effect are disputed.

10. In reply, the Plaintiff averred the 1st Defendant is merely an unsuccessful land applicant. He characterised the governmental documents as internal or administrative and denied that their authors had authority to confer any proprietary right or to consent to occupation. He also challenged the jurisdiction of the Native Court and argued that a customary claim cannot override the registered title.

The Parties' Submissions

11. The Plai