1. ) SUPERINTENDENT OF LAND & SURVEY, LIMBANG DIVISION 2. ) STATE GOVERNMENT OF SARAWAK SU’OT TEBARI @ SALI TEBARI [SUING ON BEHALF OF HIMSELF AND 3 OF HIS SIBLINGS]

1. ) SUPERINTENDENT OF LAND & SURVEY, LIMBANG DIVISION 2. ) STATE GOVERNMENT OF SARAWAK SU’OT TEBARI @ SALI TEBARI [SUING ON BEHALF OF HIMSELF AND 3 OF HIS SIBLINGS]

Plaintiff failed to prove on the balance of probabilities that his family possessed NCR over the disputed lots: aerial photographs from 1948 and 1958 materially contradicted plaintiff's oral history; Map 'M' was admissible only for identification and plaintiff failed to correlate it to on-ground survey; plaintiff's credibility was undermined by inconsistent evidence about the Mengkalap Settlement Exercise and lack of corroborative evidence. Consequently the High Court's finding that NCR existed was set aside, Appeals 671 and 672 allowed, Appeal 654 dismissed.

Citation
Q-01(NCvC)(W)-671-11/2021 (Mahkamah Rayuan)
Parties
Appellant (in CA No. 654); Respondent (in CA Nos. 671, 672): SU’OT TEBARI @ SALI TEBARI; Respondent (in CA No. 654); Appellant (in CA No. 671): Superintendent of Land and Survey, Limbang Division; Respondent (in CA No. 654); Appellant (in CA No. 671): State Government of Sarawak; Respondent (in CA No. 654); Appellant (in CA No. 672): Land Custody and Development Authority (LCDA)
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
18 December 2025
Case Number
Q-01(NCvC)(W)-671-11/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (final Disposition)
Outcome
Appeal by plaintiff (CA No. 654) dismissed; Appeals by Government (CA No. 671) and LCDA (CA No. 672) allowed
Legal Topics
Native Customary Rights (ncr), Sarawak Land Code, Settlement Orders, Indefeasibility of Title, Limitation, Evidentiary Weight of Aerial Photographs, Representative Action
Source Language
Malay/English
Land Law Property Law Administrative Law Evidence Native Customary Rights (ncr) Sarawak Land Code Settlement Orders Indefeasibility of Title +3 more

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Parties

SU’OT TEBARI @ SALI TEBARI

Appellant (in CA No. 654); Respondent (in CA Nos. 671, 672)

Superintendent of Land and Survey, Limbang Division

Respondent (in CA No. 654); Appellant (in CA No. 671)

State Government of Sarawak

Respondent (in CA No. 654); Appellant (in CA No. 671)

Land Custody and Development Authority (LCDA)

Respondent (in CA No. 654); Appellant (in CA No. 672)

Procedural Posture

Civil Appeal / Court of Appeal Judgment (final Disposition)

Legal Issues

  1. 1 Whether the plaintiff and his siblings acquired native customary rights (NCR) over Field Lots 349, 682, 702 and 722
  2. 2 Whether any NCR was extinguished prior to alienation/issuance of lease
  3. 3 Whether issuance of title/lease was ultra vires the Sarawak Land Code

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities that his family possessed NCR over the disputed lots: aerial photographs from 1948 and 1958 materially contradicted plaintiff's oral history; Map 'M' was admissible only for identification and plaintiff failed to correlate it to on-ground survey; plaintiff's credibility was undermined by inconsistent evidence about the Mengkalap Settlement Exercise and lack of corroborative evidence. Consequently the High Court's finding that NCR existed was set aside, Appeals 671 and 672 allowed, Appeal 654 dismissed.

Court Disposition

Appeal by plaintiff (CA No. 654) dismissed; Appeals by Government (CA No. 671) and LCDA (CA No. 672) allowed

Orders

  • Civil Appeal No. Q-01(NCVC)(W)-654-11/2021 dismissed with no order as to costs
  • Civil Appeal No. Q-01(NCVC)(W)-671-11/2021 allowed with costs RM30000 here and below