JUDGMENT

Zaki Tun Azmi CJ:

(1) I have had the privilege of reading the judgments of my learned brothers Richard Malanjum CJSS and Raus Sharif FCJ. I shall not be repeating the facts and issues discussed by them in their respective judgments. I however like to add my opinion and express my decision in this appeal. Detailed facts can be found in their judgments as well as reported judgments in the Court of Appeal, Bato Bagi & Ors v. Government of the State of Sarawak (2011) 6 CLJ 387, Jalang Paran & Anor v. Government Of The State Of Sarawak & Anor (2011) 3 CLJ 469 and in the High Court (2008) 6 CLJ 867 (for Bato Bagi) and (2007) 1 MLJ 412 (for Jalang). For my judgment, I am only reciting facts material to my grounds.

(2) Bato Bagi and six other plaintiffs in the Appeal 01-4-2011(Q) are natives of Sarawak enjoying native customary rights over the lands which were needed for the Bakun dam. Their rights were extinguished by the State Government of Sarawak ("the Government").

(3) Jalang anak Paran and Kampung anak Ameh in the Appeal No. 01-5-2011(Q) are also natives enjoying customary rights over another land which was required for Pulpwood Mill. Their native customary rights over