Edham Bin Sakmad 1. ) Kinsamewa Sdn Bhd 2. ) Director Of Lands & Surveys, Sabah 3. ) Assistant Collector Of Land Revenues , Kota Belud

Edham Bin Sakmad 1. ) Kinsamewa Sdn Bhd 2. ) Director Of Lands & Surveys, Sabah 3. ) Assistant Collector Of Land Revenues , Kota Belud

The Court held that customary tenure under s.65, once validly created, is a permanent heritable and transferable interest under s.66 and is not extinguished merely because the heir did not continuously occupy or cultivate after the original holder's death; the Appellant did not abandon the land (he actively pursued title and timely objected) and the s.13 notice was invalid for non‑compliant service under Land Rules r.8, so the Director and High Court erred in treating the rights as extinguished; the High Court decision is set aside and declarations and orders in favor of the Appellant entered.

Citation
S-01(A)-182-03/2022 (Mahkamah Rayuan)
Parties
Appellant (administrator of the Estate of Sakmad Bin Hj Muhammad): Edham Bin Sakmad; 1st Respondent: Kinsamewa Sdn Bhd; 2nd Respondent: Director of Lands & Surveys, Sabah; 3rd Respondent: Assistant Collector of Land Revenues, Kota Belud
Court
A
Jurisdiction
Malaysia
Judgment Date
10 February 2026
Case Number
S-01(A)-182-03/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (final Disposition)
Outcome
Appeal allowed; High Court decision set aside; declarations and consequential orders made in favour of Appellant
Legal Topics
Customary Tenure, Abandonment, Land Alienation, Service of Statutory Notices, Indefeasibility of Interest, Appealability and Jurisdiction
Source Language
Malay/English
Land Law Native Customary Rights Administrative Law Civil Procedure Customary Tenure Abandonment Land Alienation Service of Statutory Notices +2 more

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Parties

Edham Bin Sakmad

Appellant (administrator of the Estate of Sakmad Bin Hj Muhammad)

Kinsamewa Sdn Bhd

1st Respondent

Director of Lands & Surveys, Sabah

2nd Respondent

Assistant Collector of Land Revenues, Kota Belud

3rd Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment (final Disposition)

Legal Issues

  1. 1 Whether customary tenure under s.65 requires continued post‑death continuous occupation or cultivation to subsist
  2. 2 Whether the Appellant abandoned the land thereby extinguishing NCR
  3. 3 Whether s.13 notice posted at the Land Office extinguishes NCR where service did not comply with Land Rules r.8

Ratio Decidendi

The Court held that customary tenure under s.65, once validly created, is a permanent heritable and transferable interest under s.66 and is not extinguished merely because the heir did not continuously occupy or cultivate after the original holder's death; the Appellant did not abandon the land (he actively pursued title and timely objected) and the s.13 notice was invalid for non‑compliant service under Land Rules r.8, so the Director and High Court erred in treating the rights as extinguished; the High Court decision is set aside and declarations and orders in favor of the Appellant entered.

Court Disposition

Appeal allowed; High Court decision set aside; declarations and consequential orders made in favour of Appellant

Orders

  • Hj Sakmad Bin Hj Muhammad (Deceased) had customary tenure in land application No.224 of 1958 measuring 150 acres at Kg Rampayan Ulu, Kota Belud, Sabah
  • The Appellant as Administrator of the Deceased's estate is entitled to the customary tenure in the 150 acres and is entitled to be issued with the document of title for that land