Malaysia Case Law: Decisions & Judgments

Topic

Native customary rights (ncr)

Legal area

Court

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…
18 Dec 2025

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 3. ) LAND CUSTODY & DEVELOPMENT AUTHORITY

Citation

Q-01(NCvC)(W)-654-11/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

Q-01(NCvC)(W)-654-11/2021 (Mahkamah Rayuan)

Plaintiff failed to prove on the balance of probabilities that the disputed lots were cultivated and in continuous possession prior to 1 January 1958 because credible photographic/aerial evidence (1948, 1958) and settlement records contradicted oral history and Map 'M'; the High Court's unreasoned finding of NCR was unsafe and must be set aside; therefore plaintiff's appeal is dismissed and appeals by Government and LCDA are allowed; insofar as Lot 349 is alienated, indefeasible title to LCDA stands and rectification would not be an available remedy even if NCR were established (remedy would…
18 Dec 2025

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]

Citation

Q-01(NCvC)(W)-671-11/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

Q-01(NCvC)(W)-671-11/2021 (Mahkamah Rayuan)

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.
22 Nov 2024

1. ) SUPERINTENDANT OF LAND AND SURVEY KUCHING 2. ) GOVERNMENT OF THE STATE OF SARAWAK 1. ) BISI ANAK JINGGOT 2. ) Collin Marayang 3. ) David Anak Ribut 4. ) Lisah (F) Anak Iban 5. ) Iba Anak Dagang 6. ) Nelson Ngelambai Anak Wam 7. ) Adrin

Citation

Q-01(IM)(NCvC)-245-05/2021 (Mahkamah Rayuan)
Court

IM
Case number

Q-01(IM)(NCvC)-245-05/2021 (Mahkamah Rayuan)

The Court held that the proper remedy for any deprivation of NCR resulting from alienation is damages under s.197 Sarawak Land Code (per TR Nyutan and Husli), that the plaintiffs had knowledge of the alienation (evidenced by MACC report in 1995) so their claim was filed outside the statutory limitation under s.202 and PAPA s.2(a), that alleged fraud pleaded only in the Reply could not revive limitation, and therefore the declaratory reliefs were unsustainable and the action was struck out; the Court allowed the appeal and set aside the High Court order.
15 Mar 2024

Bisi Anak Jinggot & 21 Lagi LEMBAGA AMANAH KEBAJIKAN DARUL FALAH

Citation

Q-01(IM)(NCvC)-265-05/2021 (Mahkamah Rayuan)
Court

IM
Case number

Q-01(IM)(NCvC)-265-05/2021 (Mahkamah Rayuan)

Section 134(1) of the Sarawak Land Code must be read to permit a person defrauded to attack a registered title procured or made by fraud even where the registered proprietor was not complicit; the High Court erred in applying TH Pelita Sadong because that case involved no allegation of fraud against the registered proprietors; section 134(2) protection does not apply because the respondent was not a subsequent purchaser from a prior registered proprietor; the Order 14A striking out was wrongly granted and the matter must proceed to trial to determine the fraud allegations.
23 Aug 2022

1. ) Superintendent Of Lands & Surveys, Miri Division 2. ) State Government of Sarawak 1. ) Abdul Samad Bin Mohd Embong 2. ) Madeli Bin Salleh 3. ) Lilit Binti Mohamad

Citation

Q-01(NCvC)(A)-170-04/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

Q-01(NCvC)(A)-170-04/2019 (Mahkamah Rayuan)

The Court allowed the appeal, set aside the High Court decision and held that the respondents lacked locus standi because any NCR over the Lot had been extinguished by the 2012 Direction; SESCO's registered title is indefeasible under s.132 Sarawak Land Code absent fraud; the proper remedy for any deprivation of NCR is compensation under s.197 SLC; failure to join SESCO deprived it of the right to be heard and was fatal to quashing its title.
24 Nov 2021

BUSING ANAK JALI & 6 LAGI KERAJAAN NEGERI SARAWAK & ANOR

Citation

01(f)-31-10/2019(Q) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-31-10/2019(Q) (Mahkamah Persekutuan)

The Federal Court held that TR Sandah and TR Nyutan remained binding law for decisions rendered before the Sarawak Land Code Amendment 2018 effective date (1 Aug 2019); the 2018 amendments (notably s.6A) statutorily recognise Pemakai Menoa/Pulau Galau as native territorial domain and apply to pending cases subject to a saving for final courts’ decisions before 1 Aug 2019; NCR is not a general qualifier of indefeasibility under s.132 except as provided (fraud) and remedies for deprivation are compensation under s.197; individual claims for NTD cannot succeed where the statutory scheme contempl…

Malaysia Case Law

LAND CUSTODY AND DEVELOPMENT AUTHORITY SU’OT TEBARI @ SALI TEBARI [SUING ON BEHALF OF HIMSELF AND 3 OF HIS SIBLINGS]

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 3. ) LAND CUSTODY & DEVELOPMENT AUTHORITY

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. ) SUPERINTENDANT OF LAND AND SURVEY KUCHING 2. ) GOVERNMENT OF THE STATE OF SARAWAK 1. ) BISI ANAK JINGGOT 2. ) Collin Marayang 3. ) David Anak Ribut 4. ) Lisah (F) Anak Iban 5. ) Iba Anak Dagang 6. ) Nelson Ngelambai Anak Wam 7. ) Adrin

Bisi Anak Jinggot & 21 Lagi LEMBAGA AMANAH KEBAJIKAN DARUL FALAH

1. ) Superintendent Of Lands & Surveys, Miri Division 2. ) State Government of Sarawak 1. ) Abdul Samad Bin Mohd Embong 2. ) Madeli Bin Salleh 3. ) Lilit Binti Mohamad

BUSING ANAK JALI & 6 LAGI KERAJAAN NEGERI SARAWAK & ANOR