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?”
