JUDGMENT

Syed Ahmad Helmy JCA:

(1) The plaintiffs claim against the defendants herein is for declaratory relief that the extinguishment of the plaintiffs native customary rights pursuant to the Land (Extinguishment of Native Customary Rights) (Pulpwood Mill Site at Ulu Batang Tatau) (No. 3) Direction 1997 made by the Minister of Resource Planning in Sarawak Government Gazette Notification No. 388B, on 13 February 1997, is unlawful and null and void.

(2) The challenge by the plaintiffs is grounded on their contention that the enabling sections of the Sarawak Land Code upon which the Direction was issued is invalid and unconstitutional as it infringes arts. 5(1), 8, 13(2) and 153 of the Federal Constitution or art. 39 of the Sarawak State Constitution.

(3) By agreement of both parties the trial of the suit proceeded on the basis of agreed issues, facts, bundle of documents, non calling of witnesses and based on written and oral submissions.

(4) At the conclusion of the trial the learned trial judge found in favour of the defendants and held that the Ministerial Direction is valid and not unconstitutional and that the challenge to the Ministerial Direction should be by way of Ju