JUDGMENT

Ian HC Chin J:

Introduction

This representative action was taken out on 26 January 1999 by Nor Ak Nyawai (Nor), Sekalai Ak Ling (Sekalai), Jerangku Ak Bakit (Jerangku) and Lani Ak Taneh (Lani) for themselves and on behalf of "all other occupiers, holders and claimants of native customary land at Sungai Sekabai, Sungai Tajem, Sungai Ipuh, Sebauh, Bintulu Division ... (of) Rumah Luang/Nor ...". They will be referred to collectively as the plaintiffs. The defendants are Borneo Pulp Plantation Sdn Bhd ("1st defendant") who had been issued titles to two parcels of land, Borneo Pulp and Paper Sdn Bhd ("2nd defendant") the sublessee of the land and the Bintulu Superintendent of Lands & Surveys ("3rd defendant"), the authority that issued the titles to the lands.

The plaintiffs claimed that they have acquired native customary rights, described in the Iban language as temuda, pulau and pemakai menoa, over certain part of the lands ("the disputed area") and that the 2nd defendant had trespassed and damaged the disputed area. Those Iban terms will be gone into in detail later. The 2nd defendant had engaged contractors to clear the land and planted trees to feed a paper mill.

The issu