RAMBA AK BUNGKONG (WN KP480506-13-5005) MUJING AK RAGAI (WN KP491023-13-5645) JOHNNY AK LOUIS NANTA (WN KP430825-13-5277) JARIN AK LENG (F) (WN KP900124-13-5606) ANING AK SIMON (WN KP900124-13-6975) DICKSON AK JALANG (WN KP740616-13-5577) 1

RAMBA AK BUNGKONG (WN KP480506-13-5005) MUJING AK RAGAI (WN KP491023-13-5645) JOHNNY AK LOUIS NANTA (WN KP430825-13-5277) JARIN AK LENG (F) (WN KP900124-13-5606) ANING AK SIMON (WN KP900124-13-6975) DICKSON AK JALANG (WN KP740616-13-5577) 1

The Court held that (1) the plaintiff, as registered proprietor with issued document of title, holds an indefeasible title under s.132 Sarawak Land Code which defeats the defendants' NCR claims absent fraud; (2) Iban customs of pemakai menoa and pulau galau do not have force of law and cannot create NCR over primary forest (claims limited to temuda/cultivated areas); (3) Lot 130 was shown to be primary forest on uncontested aerial evidence and therefore not subject to NCR; and (4) material facts were undisputed so Order 14A was properly applied to determine these dispositive legal questions without full trial.

Citation
Q-01(IM)(NCVC)-476-12/2017 (Mahkamah Rayuan)
Parties
Appellants: Ramba Ak Bungkong & Ors; Respondent: Asco Green Sdn. Bhd.; 1st Third Party: Unus bin Tambi; 2nd Third Party: Superintendent of Lands and Surveys, Miri Division; 3rd Third Party: State Government of Sarawak
Court
IM
Jurisdiction
Malaysia
Judgment Date
20 February 2019
Case Number
Q-01(IM)(NCVC)-476-12/2017 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Final Judgment of Court of Appeal Affirming Judicial Commissioner Decision
Outcome
Appeals dismissed; decisions of the learned Judicial Commissioner dated 3.11.2017 affirmed
Legal Topics
Indefeasibility of Title, Order 14 a Summary Determination, Pemakai Menoa, Pulau Galau, Aerial Photograph Evidence, Timber Licence, Extinguishment and Compensation Under Sarawak Land Code
Source Language
Malay/English
Land Law Property Law Native Customary Rights Constitutional Law Civil Procedure Administrative Law Indefeasibility of Title Order 14 a Summary Determination +5 more

Case Brief

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Parties

Ramba Ak Bungkong & Ors

Appellants

Asco Green Sdn. Bhd.

Respondent

Unus bin Tambi

1st Third Party

Superintendent of Lands and Surveys, Miri Division

2nd Third Party

State Government of Sarawak

3rd Third Party

Procedural Posture

Civil Appeal / Final Judgment of Court of Appeal Affirming Judicial Commissioner Decision

Legal Issues

  1. 1 Whether registered proprietor holds an indefeasible title under s.132 Sarawak Land Code
  2. 2 Whether Iban customs of pemakai menoa and pulau galau have force of law to create NCR against registered title
  3. 3 Whether persons without settlement or cultivation can claim NCR over primary forest

Ratio Decidendi

The Court held that (1) the plaintiff, as registered proprietor with issued document of title, holds an indefeasible title under s.132 Sarawak Land Code which defeats the defendants' NCR claims absent fraud; (2) Iban customs of pemakai menoa and pulau galau do not have force of law and cannot create NCR over primary forest (claims limited to temuda/cultivated areas); (3) Lot 130 was shown to be primary forest on uncontested aerial evidence and therefore not subject to NCR; and (4) material facts were undisputed so Order 14A was properly applied to determine these dispositive legal questions without full trial.

Court Disposition

Appeals dismissed; decisions of the learned Judicial Commissioner dated 3.11.2017 affirmed

Orders

  • Appeals Q-01(IM)(NCVC)-476-12/2017 and Q-02(IM)(NCVC)-2507-12/2017 dismissed
  • Decisions of the learned Judicial Commissioner dated 3 November 2017 affirmed