HIGH COURT SABAH & SARAWAK SIBU
TAMA LAMADA – Appellant
Versus
HARIWOOD SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. claim of ownership based on inheritance. (Para 1 , 3 , 4) |
| 2. jurisdiction of court over disputes involving ncl. (Para 9 , 10) |
| 3. court established ncl through admissions. (Para 11 , 12 , 16) |
| 4. confirmed liability for trespass equally shared. (Para 62 , 64) |
Introduction
[1] The plaintiff brought this action against the defendants to claim damages for trespass and extraction of timber without his permission from a piece of land comprising one Pulau Engkabang which is situated at Upstream Sungai Sepitoh, Engkuah, Song, Sarawak. 7 witnesses testified at the trial: 4 for the plaintiff; 1 for the 1st defendant and 2 for the 2nd defendant. I delivered judgment on November 19, 2015 and held the defendants liable in damages for trespass and unlawful extraction of timber from the plaintiff's land. I further ordered for damages to be assessed by the Senior Assistant Registrar. Both defendants have appealed the decision.
The Bundles Of Documents And Exhibits
[2] The documents produced and admitted as evidence at the trial are as follows:-
(i) Bundle of Pleadings : BP
(ii) Plaintiff's Bundle of Documents (Part B) : Bundle B1
(iii) 1st defendant's Bundle of Documents (Par
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