Bengoh Writ of Summons - Rengah Sarawak

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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; 16
vii. viii. ix. A Declaration that the granting and/or issuance of the said Quarry Licence was in breach of the statutory provisions of the Land Code (Cap. 81) and any other written law; A Declaration that the granting and/or issuance of the said Quarry Licence to the 1 st Defendant is unlawful, improper, unconstitutional and therefore null and void; A prohibitory injunction restraining the 1 st Defendant and/or its employees servants and/or agents from trespassing, clearing, using or occupying the Plaintiffs' said NCR Land; x. A mandatory injunction against the 1 st Defendant and/or its employees servants and/or agents and/or contractor to cease operations and remove all structures and their equipments or machineries from the Plaintiffs' said NCR Land forthwith; xi. xii. xiii. xiv. xv. xvi. Damages; Exemplary damages; alternatively, aggravated damages; Alternatively, an Order that the damages be assessed accordingly; Interests; costs; and Such further and/or other relief this Honourable Court deems fit and just. Dated this 26 th day of June, 2008 ...................……................... MESSRS BARU BIAN Advocates & Solicitors for the Plaintiffs This Statement of Claim is filed by Messrs Baru Bian Advocates & Solicitors for the Plaintiffs the address for service is at No. 6, 2 nd Floor, Lot 5430, Block G, RH Plaza, Jalan Lapangan Terbang, 93350 Kuching, Sarawak 17
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 and 14: Legitimate Expectation & Natural Ju
Page 15: aforesaid the 2 nd Defendant had fa

Bengoh Writ of Summons - Rengah Sarawak

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