JUDGMENT

Clement Skinner J:

This is the hearing of an appeal to the judge in chambers from the decision of the learned deputy registrar who, on 22 April 2003, dismissed the defendants' application to either stay the present proceedings pursuant to s. 6 of the Arbitration Act 1952 (hereafter 'the Act'), so that the dispute between the plaintiffs and the defendants may be referred to arbitration under s. 5(4)(a)(i) read with s. 212 of the Sarawak Land Code (hereafter the 'Land Code'), or, alternatively to have the writ of summons and statement of claim herein struck out or, in the further alternative, for para. 10(i), (ii), (iii) and (iv) of the statement of claim to be struck out.

The defendants being dissatisfied with the decision of the deputy registrar, bring this appeal.

The facts leading up to the defendants' application may be briefly stated.

The plaintiffs' claim that at all material times they had acquired native customary rights over certain parcels of land indicated on a map attached to their statement of claim (hereafter 'the said lands'). The said lands are situated in an area between Loba Rambungan and Jalan Kubah National Park, Kuching, Sarawak (hereafter 'the said are