Bengoh Writ of Summons - Rengah Sarawak

More documents

Recommendations

Info

26.1 The granting and or issuance of the said Quarry Licence by the 2 nd Defendant amounted to the compulsory acquisition of the Plaintiffs' said NCR Land but no provision for compensation in accordance with law has been made nor have the Plaintiffs been paid any compensation. 27 Further and in the alternative, the acts as aforesaid of the 2 nd Defendant, its servants and/or agents and/or provisions of the law which impair the rights of the Plaintiffs to their NCR over land as herein before referred to, are unconstitutional and void in that they violate, individually and/or cumulatively Article 5 of the Federal Constitution which guarantees, inter alia, that no person shall be deprived of his life (which includes the right to livelihood) except in accordance with the law. Particulars 27.1 The Plaintiffs have been deprived of their sources of food, fish, medicines, wildlife and other forest produce which the Plaintiffs need and are dependent upon for their daily sustenance. 27.2 The Plaintiffs have also been deprived of their sources of income from their lands, fruit trees and other essential trees and vegetations. 28. The Plaintiffs aver that their rights to livelihood has been, and will continue to be irreparably impaired by the aforesaid acts and provisions of the law. 29. The Plaintiffs further aver that the impairing of their rights to livelihood by the aforesaid acts and provisions of the law is unjust, unfair and unreasonable and destructive of their economic, cultural and social system for their existence and therefore not in accordance with the law. 30. Further and in the alternative, the Plaintiffs aver that the said Quarry Licence were subject to the rights of the Plaintiffs in or over the said NCR Land and therefore the 1 st Defendant cannot lawfully acquire any rights or interests therein. 31. Further and in the alternative, the Plaintiffs aver that the grant and or issuance of the said Quarry Licence was an abuse of the fiduciary duty of the 2 nd and or the 3 rd Defendants to protect the Plaintiffs rights and/or title in and possession of their said NCR Land in that by its said act as 14
aforesaid the 2 nd Defendant had failed to act for the benefit of the Plaintiffs. The said Quarry Licence was therefore null and void. Particulars Of Feduciary Duty Relied On 31.1 Although the law granted upon the 2 nd Defendant and or the 3 rd Defendant special powers and discretion to give preferential treatment to the Plaintiffs as regards the reservation or alienation of land in Sarawak, the 2 nd Defendant had failed, refused or neglected to exercise it to protect the Plaintiffs said rights and/or title in and possession of the said NCR Land and/or to give them such preferential treatment. 31.2 The 3 rd Defendant and/or its predecessors, upon acquiring and/or establishing sovereignty over the State of Sarawak with the agreement and/or undertaking that the said sovereignty shall be subjected to the natives rights and/or title to and possession of their land, the 2 nd and or the 3 rd Defendants are entrusted and obliged to act to protect the Plaintiffs' said rights and/or title to and possession of the said NCR Land. 32. The Plaintiffs in addition to the matters pleaded in the aforesaid paragraphs, further claim exemplary damages by reason of the conducts of the 1 st Defendant and/or with the 2 nd Defendant. Particulars Of Conduct 32.1 The 1 st Defendant, despite notice and knowledge of the Plaintiffs’ NCR over the said NCR Land including the area under the said Quarry Licence and the continued objections and protests by the Plaintiffs, have persisted to trespassed upon the Plaintiffs’ NCR land and destroyed the Plaintiffs’ farmland and crops and cultivation. Such conducts by the 1 st Defendant is oppressive, arbitrary, illegal and/or unconstitutional. 32.2 The 2 nd Defendant, despite notice by the Plaintiffs and their Counsels, refused neglected and or unwilling to furnish the Plaintiffs with relevant documents papers and records and thereby causing the Plaintiffs immense and enormous inconvenience difficulties and expense to the identification and verification and assertion of their rights. Such conducts by the 1 st Defendant is oppressive, arbitrary, illegal and/or unconstitutional. 15
Page 5 and 6: WRIT OF SUMMONS M A L A Y S I A IN
Page 7 and 8: 5.2 The pioneering group who migrat
Page 9 and 10: 8. The Plaintiffs’ NCR over the s
Page 11 and 12: 15.2 By the said laws, customs, tra
Page 13: Legitimate Expectation & Natural Ju
Page 17: vii. viii. ix. A Declaration that t

Bengoh Writ of Summons - Rengah Sarawak

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?