Land Law : Native customary rights - Encroachment - Defendants' development of oil palm plantation - Whether resulted in plaintiffs being deprived of their native customary rights - Federal Constitution, arts 5, 13 - Land Code (Cap 81) (Sarawak), s 8 - Whether the relevant Principal Deed and the Joint Venture Agreement had violated s 8 Sarawak Land Code
Land Law : Native customary rights - Exercise of - Whether a native, whose native customary land was within a Development Area declared under s 11 Land Custody and Development Authority Ordinance (No 4 of 1981) (LCDA Ordinance) was entitled to claim to land under native customary rights - Whether defendants ought to surrender land back to plaintiffs - Whether s 11(4) LCDA Ordinance in breach of art 13 Federal Constitution - Whether compulsory acquisition of the NCR lands made without compensation pursuant to s 15 LCDA Ordinance - Whether declaratory reliefs granted by High Court were proper and legal having regard to ss 11(4) and 15 LCDA Ordinance