Bengoh Writ of Summons - Rengah Sarawak

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(b) The Plaintiffs are Bidayuh by race and are natives of Sarawak. 2. The 1 st Defendant is a company incorporated in Malaysia under the Companies Act 1965 and having its registered address at 9 th Floor, Wisma Naim, 2 1/2 Mile Rock Road, 93200 Kuching, Sarawak. 3. The 2 nd Defendant is the Superintendent of Lands & Surveys Department for the Samarahan Division, appointed under section 3 (1) of the Sarawak Land Code (Cap. 81) having the powers and authorities stipulated therein and had purportedly in the course of exercising such powers and authorities had carried out such act conduct and deed complained hereinafter and/or failed refused and or neglected to perform such lawful and legal act conduct and deed stipulated in the said Sarawak Land Code. Native Customary Rights over Land 4. At all material times, the Plaintiffs have acquired and claimed native customary rights (NCR) and/or native title and/or usufructuary rights over that area of lands surrounded by mountain ranges: towards the east the mountain ranges of Rumbang, Tamugan and Kayau, towards the South the Gunung Sibekam Range, towards the west the Gunung Rantak Range and towards the North, the Gunung Gayu Range. The boundary of aboung ta Kampung Bengoh (Kampung Bengoh people’s land, in Bidayuh language) is in the main an imaginary line joining the mountain ridges of these mountain ranges outlined in Yellow in the map marked “A” attached with this Statement of Claim but more particularly boundary with physical ground markings referred and known to the Plaintiffs and their neighbouring villages as the ancestral or native customary rights land of Kampung Bengoh (hereinafter referred to as “the NCR Land”). The Plaintiffs shall produce a surveyed map for the exact extent and locality of the said NCR Land before the trial of this action. 5. The Plaintiffs claim NCR over the said NCR Land by virtue of their adat or customs of the Bidayuh of Sarawak. The Plaintiffs have never abandoned their NCR over the said NCR Land. Particulars 5.1 For more than a hundred years, Kampung Bengoh has been and is located at its present site, at the bank of Sungai Abang and near the confluence of Sungai Abang and Sungai Sarawak Kiri. The ancestors of the villagers in Kampung Bengoh were earlier settled at Rabak Mikabuh at the lower reach of Sungai Sarawak Kiri. 6
5.2 The pioneering group who migrated from Rabak Mikabuh and settled in the present Kampung Bengoh NCR Land were 38 families and they constructed 4 longhouses known as Kupo (also called Kupuo) Saba, Kupo Samok, Kupo Sampu and Kupo Tanjung. The remaining structures of these longhouses are still preserved and houses in the kampong are not built on and around these sites which are considered as sacred for the villagers of Kampung Bengoh. 5.3 In the early 1930s, some families in Kampung Bengoh moved downstream and settled at the present day Kampung Danu. 5.4 The history of Kampung Bengoh dated back to the early nineteen century and during the reign of the Brunei Sultanate as one of the earliest village headman named Sentus was bestowed the title Panglima by the then Brunei Sultan and Panglima Sentus has always been remembered and referred to as one of the most respected Bidayuh leaders. 5.5 A Bengoh Mission School was built in Kampung Bengoh in 1951 to provide primary school education for the children in the village. The primary school was later renamed Bengoh District Council School in or about 1963 and later named Sekolah Kebangsaan Bengoh in the 1980s and maintains as such until today. 5.6 The people of Kampung Bengoh has been occupying cultivating and staying within the NCR Land for numerous generations. They practice the traditional shifting cultivation for their livelihood on their plots of ancestral farmland and plant fruit trees on the same. They also hunt, fish and collect jungle produces in the communally owned forests (called “pulau tuaan” in local Bidayuh language). 5.7 Within Kampung Bengoh’s NCR land, cultivation particularly shifting cultivation of padi was and is carried out at the foot of the mountain ranges, and in the valleys and the localities of land for farming and cultivation are referred to in local Bidayuh names such as Tana Sadera, Tana Siparan, Tana Kurang, Tana Merusung, Kan Sibireh, Kan Darod, Tang Tas, Tana Sapong, Tana Tampang, Tana Eris, Tana Bang Ken, Tana Stubong, Rabak Kap, Tana Sipunged, Kan Darod, Tana Tabu, Tana Giruyen, Tana Sturad, Tana Ranta and others. 7
Page 5: WRIT OF SUMMONS M A L A Y S I A IN
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 and 16: aforesaid the 2 nd Defendant had fa
Page 17: vii. viii. ix. A Declaration that t

Bengoh Writ of Summons - Rengah Sarawak

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