18 Dec 2025
LAND CUSTODY AND DEVELOPMENT AUTHORITY SU’OT TEBARI @ SALI TEBARI [SUING ON BEHALF OF HIMSELF AND 3 OF HIS SIBLINGS]
- Citation
- Q-01(NCvC)(W)-672-11/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- Q-01(NCvC)(W)-672-11/2021 (Mahkamah Rayuan)
Plaintiff failed to prove on balance of probabilities that the disputed lots were cultivated and in continuous occupation prior to 1.1.1958; contemporaneous aerial photographs (1948,1958) materially contradicted oral history and showed majority of alleged areas remained primary forest; Map M was admissible only for identification and lacked probative weight absent proper ground correlation or qualified mapper; settlement procedure evidence established Settlement Orders and eventual alienation/lease; accordingly High Court finding of NCR was unsupported and set aside; LCDA's title to alienated…