JUDGMENT

Clement Skinner J:

This is the hearing of an appeal against the decision of the learned Judicial Commissioner, Miri, who on 13 November 2000 after a full trial, dismissed the appellant's claim for a declaration that he had acquired native customary rights to a piece of land in Miri and that damages be paid to him by way of compensation for the extinguishment thereof. The appellant here was the plaintiff, while the 1st and 2nd respondents were the defendants in the court below. By agreement of the parties, the learned Judicial Commissioner was requested to decide only whether the appellant was entitled to the declarations he sought, with damages to be assessed at a later date if such rights were established.

The brief facts leading to the claim are these. It was alleged that for many years prior to 1 January 1958 the appellant's father and later the appellant, a Malay, a native race of Sarawak, had acquired and exercised native customary rights over a piece of land situate along the Miri/Pujut Road, forming part of Lot 660 Block 8 Miri Concession Land District (hereafter 'the said land') by clearing it, occupying it and planting crops such as rubber and fruit trees thereon