IN THE COURT OF
APPEAL OF MALAYSIA
AT PUTRAJAYA
BETWEEN
1. TAMIT ANAK
ANJAT
2. MUKIT ANAK
SEKERANG
3. JUPITER ANAK
SEGERAN @ SEGARAN
[Suing on behalf
of themselves and 19 other family or bilik, or
proprietors,
occupiers, holders and claimants of native customary
rights land
situate at Lubok Batu, Nanga Lembong, Suai, Niah, Miri,
Sarawak]
- APPELLANTS
And
1. FUNG TAI SDN
BHD (REG. NO. 94165-D)
2. LAND CUSTODY
AND DEVELOPMENT AUTHORITY (LCDA)
3. SUPERINTENDENT
OF LANDS AND SURVEYS, MIRI DIVISION
4. STATE
GOVERNMENT OF SARAWAK
- RESPONDENTS
AND BETWEEN
TR MERINGAI ANAK
SEGARAN (WN.KP. 490804-13-5571)
[Suing on behalf
of himself and 21 other family or bilik or
proprietors,
occupiers, holders, and claimants of native customary
rights land
situated at Sungei Lembong Suai, Miri, Sarawak]
- APPELLANTS
And
1. BUTRASEMARI
SDN. BHD. (REG. NO. 560581-D)
2. SUPERINTENDENT
OF LANDS AND SURVEYS, MIRI DIVISION
3. STATE
GOVERNMENT OF SARAWAK
- RESPONDENTS
CORAM:
Abdul Wahab
Patail, JCA
Mohtarudin Baki,
JCA
Mah Weng Kwai, JCA
Date of Judgment:
8th October 2013
GROUNDS OF JUDGMENT
2. The High Court dismissed the Appellants/Plaintiffs'
Tamit Anak Anjat and Others ("the Plaintiffs") claims in their
consolidated civil suits on the grounds the Plaintiffs had failed to discharge
the burden of proof that they had acquired Native Customary Rights (NCR) over
the disputed lands.
The Appeal
3. The Plaintiffs appealed to this Court. Their grounds
of appeal were that the High Court had erred:
(a) in not finding that the Plaintiffs had established
NCR over the said land and ought to have found in favour of the Plaintiffs upon
the balance of probabilities;
