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.