JUDGMENT

Sulaiman Daud JC:

By writs issued at various dates, each of the plaintiffs in these seven consolidated suits brought an action against the Superintendent of Lands and Surveys, Fourth Division and the Government of Sarawak seeking, among others, a declaration that at all material times to this action, the plaintiffs have acquired customary rights over their plot situate at Kampung Dagang, Miri, Sarawak as more particularly shown and described in annexure A ("the said lands") to the respective statement of claims and that the plaintiff was entitled to use and occupy the same.

At the outset it is necessary to briefly state the facts of the case and the background of this hearing. On 13 March 1991, the learned judge who heard this action ("the previous trial") adjudged and declared, after a full trial, that each of the plaintiffs had at all times material to the suits acquired customary rights over that plot in respect of which the declaration was sought and was entitled to use and occupy the same. However on 21 July 1994 the Supreme Court, on appeal by the defendants, set aside the said judgment and ordered a retrial of all the consolidated cases before another judge. The cas