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2018 MarsdenLR 1498

COURT OF APPEAL PUTRAJAYA
AIASHAH ISMAIL & ANOR – Appellant
Versus
SUPERINTENDENT OF LANDS AND SURVEYS KUCHING DIVISION & ANOR – Respondent


Petitioner Advocates:Baru Bian,Joshua Baru ,Respondent Advocate: Mcwillyn Jiok,Beatrice Minda Winston Bale

Table of Content
1. the court assesses evidence in accordance with established standards and findings. (Para 33 , 44)
2. legal standards for proving native customary rights. (Para 64)
3. final court decision affirms the trial court's dismissal of claims. (Para 68 , 74)

[30] Now, going straight to the grounds of judgment of the learned JC, we noted that he had identified the questions which parties had advanced before him to be determined. He was of the view that his determination of the question of whether the Plaintiffs had proven their NCR over the claimed NCR land would be key terms of determining how the case would proceed, moving forward. At the end of the whole exercise, the learned JC came to the conclusion that the Plaintiffs had failed to prove their claims against the Defendants and he had then dismissed the Plaintiffs' claim with costs of RM5000 subject to allocator fees.That decision had aggrieved the Plaintiffs, hence this appeal before us.

[31] As had been alluded to earlier, the gravamen of the Plaintiffs complaint had been that the learned JC had made erroneous findings of facts resulting in the adverse decision against them.

[32] From the written submissions of the Plain

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