Bengoh Writ of Summons - Rengah Sarawak

32.3 Such conducts are also calculated to result in a profit for the said 1 st
Defendant.
Reliefs
33. AND the Plaintiffs claim and pray for:
i. a Declaration order that the Plaintiffs had acquired and/or
inherited Native title and/or Native Customary Rights (NCR) over
the area as claimed by the Plaintiffs referred to and/or edged in
Yellow and marked in the locality map marked as Exhibit “A”
annexed hereto herein, and particularly the area shaded grey in the
sketch plan.map marked “B” also annexed hereto herein;
ii.
iii.
iv.
A Declaration that this native title and/or native customary rights
precludes the 1 st and/or 2 nd Defendant from impairing or abridging
the Plaintiffs' said rights and/or from granting and issuing any
quarry licence which affects their said native title and/or rights;
A Declaration that the acts of the 2 nd Defendant in granting and/or
issuing the said Quarry Licence, in so far as they impair the
Plaintiffs' NCR over the said NCR Land, is wrong bad illegal
and/or void;
a Declaration order that the granting and/or issuance of the said
Quarry Licence to the 1 st Defendant in as far as the extent of that
area under the said Quarry Licence overlaps and/or covers the
Plaintiffs’ NCR Land is unlawful, improper, unconstitutional and
therefore null and void, for want of extinguishment of the
Plaintiffs’ NCR over the said NCR Land;
v. Alternatively, a Declaration that the granting and/or issuance of
the said Quarry Licence was subject to the native title and/or
native customary rights and/or usufructuary rights of the Plaintiffs
in or over the said NCR Land and that the said Quarry Licence do
not affect the Plaintiffs' said title and/or rights therein;
vi.
A Declaration that in granting and/or issuance of the said Quarry
Licence as aforesaid, the 2 nd and or the 3 rd Defendant had acted in
breach of its fiduciary duty to the Plaintiffs and therefore the said
Quarry Licence was null and void;
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