Wan Suleiman F.J

(delivering the judgment of the Court): The applicants, who were the plaintiffs in the court below are applying for conditional leave to appeal to His Majesty the Yang di-Pertuan Agong against the whole of the decision of this court given on October 21, 1980 dismissing the applicants' appeal against the order of the High Court.

The applicants had applied for an area of approximately 3280 acres of state land for agricultural purposes in 1960 from the then Government of the Colony of North Borneo. They alleged that an area of about 3300 acres was earmarked for their application which was registered as Lahad Datu Land Application No. 238/60. They were allowed initially to enter into an area of 851 acres, for which title was subsequently issued to them, with certain conditions for development. According to applicants, Government had promised to allow them to enter and occupy another 1312 acres of state land, as a second stage, if they fulfilled the conditions imposed on them under the first stage. They carried out the development of the 851 acres of land in accordance with the conditions imposed and made preparations at great cost to enter the second stage but, in spit