JUDGMENT

David Wong Dak Wah JCA:

Introduction

[1] This is an appeal by the appellant against the decision of the High Court in which the learned judge dismissed the appeal arising from the decision of the Director of Lands and Survey Department, Sabah where the respondent's claim for native customary rights to a piece of land measuring 15 acres situate at Kampung Salimpodon in the District of Pitas (the land) was rejected.

[2] On 24 January 2014, we heard the appeal and after giving due consideration to the evidence adduced in the trial Court and submissions by respective counsel, we dismissed the appeal. We now give our grounds for that decision.

Background Facts

[3] The respondent (Rambilin) is a Sabah native Dusun Kimaragan and had since her marriage she and her family occupied and cultivated on the land. Her family occupation is premised on the purchase of the land from two natives, namely Sharif Osman bin Sharif Murah and Sharif Endun bin Sharif Ading in 1982. To formalise her occupation, she made an application to the 3rd respondent (ACLR) for the land under PT no 89280296.

[4] Rambilin's occupation on the land came to an abrupt end in December 1996 when she was forcibly