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…