8 Jan 2019
1. Yahya Bin Timbon 2. Mahari Bin Lamat 3. Haslan Bin Abu Bakar Kumpulan Parabena Sdn. Bhd.
- Citation
- Q-02(A)-537-03/2018 (Mahkamah Rayuan)
- Court
- A
- Case number
- Q-02(A)-537-03/2018 (Mahkamah Rayuan)
Appellants failed to prove native customary rights before the statutory cut-off and their evidence was unsatisfactory; additional evidence on appeal was inadmissible; even if occupation were shown, the leases issued are protected by indefeasibility under Section 132 Sarawak Land Code as interpreted by the Federal Court, and the Land Code Amendment was not in force at the relevant time and is not retrospective, therefore the High Court/Judicial Commissioner’s decision in favour of the respondent is affirmed.