Wednesday 17 July 2013

Full judgment of the Federal Court in Bisi Jenggot vs Lands and Surveys & three others

Bisi Ak Jinggot @
Hilarion Bisi Ak Jenggut …Plaintiff
And
1. Superintendent Of Lands And Surveys
Kuching Division
2. State Government Of Sarawak
3. The Chief Scouts Commissioner, Sarawak
4. Lembaga Amanah Kebajikan Darul Falah
…Defendants
CORUM
ARIFIN ZAKARIA, CJ
RICHARD MALANJUM. CJSS
ABDULL HAMID EMBONG, FCJ
SURIYADI HALIM OMAR, FCJ
HASAN LAH, FCJ
JUDGMENT OF THE COURT
On 9th April 2012 the Federal Court granted the plaintiff, hereinafter referred to as the appellant, leave to appeal on three questions.
On the day of the appeal the appellant invited us to determine only two questions, and they are:
i) “Whether, the alleged adat or custom that “individual customary rights are not transferable by sale or otherwise for value” referred to and applied in Sumbang Ak Sekam vs. Engkarang Ak Ajah [1958] SC  95 ceased to existmand enforceable as such:
a) upon enactment of the same as law under Section 2 of the Fruit Trees Order 1889, of the Rajah; and/or
b) upon the subsequent repeal of the said Rajah’s Order?
ii) If the answers to question (1) above are in the negative, whether, by virtue of section 6 of the Land Code, the alleged adat or custom applies only to land gazetted as
native communal reserve?”