7 Mar 2022
1. ) Kwan Ngen Wah 2. ) Ang Yung Yung Julita Binti Tinggal
- Citation
- S-02(NCvC)(A)-1899-09/2018 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- S-02(NCvC)(A)-1899-09/2018 (Mahkamah Rayuan)
The Court held the District Native Court lacked jurisdiction to invalidate pre-1993 Native Certificates because section 3(3) of the Interpretation (Definition of Native) Ordinance 1952 vests review/appeal in the District Officer or Board of Officers and section 16 of the Native Courts Enactment 1992 is not retrospective; consequently the District Native Court's decision and the lay-majority affirmance were nullities, and the presiding High Court Judge's judgment on legal issues not involving native law/custom should prevail; the High Court's order quashing the presiding judge's judgment was s…