statement of claim
statement of claim
statement of claim
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38.2 Such conduct is oppressive, arbitrary, illegal and/orunconstitutional.38.3 Such conduct is also calculated to result in a pr<strong>of</strong>it for theDefendants.39. Further and in the alternative, the Plaintiffs aver that the issuance <strong>of</strong> thesaid timber licence was in breach <strong>of</strong> section 8 and/or section 13 and/orsection 15 <strong>of</strong> the Land Code (Cap.81) in that the Plaintiffs' said TanaPengurip or ancestral or NCR Land were alienated to others withoutextinguishment <strong>of</strong> the Plaintiffs’ rights therein and without payment <strong>of</strong>compensation to them. In the premise, the said timber licence was illegal,unlawful and void.ReliefWherefore the Plaintiffs <strong>claim</strong> for:.i.ii.iii.iv.A declaration order that the Plaintiffs had acquired and/or inherited nativetitle and /or Native Customary Rights (NCR) over the area as <strong>claim</strong>ed bythe Plaintiffs referred to in the locality map marked as Exhibit “M” andannexed to herein;A declaration that this native title and/or rights preclude the 2 nd and 3 rdDefendants from issuing and/or granting the said timber licence therebyimpairing or abridging the Plaintiffs’ said right;A declaration that the acts <strong>of</strong> the 2 nd and 3 rd Defendants in issuing the saidtimber licence, in so far as they impair the Plaintiffs NCR over thePlaintiffs' said Tana Pengurip or ancestral or NCR Land, is wrong illegalunlawful bad and/or void;A Declaration order that the issuance <strong>of</strong> the said timber licence to the 1 stDefendant in as far as the extent <strong>of</strong> that area under the said timber licenceoverlaps and/or cover the Plaintiffs’ said Tana Pengurip or ancestral orNCR Land is unlawful, improper, unconstitutional and therefore null andvoid, for want <strong>of</strong> extinguishment <strong>of</strong> Plaintiffs’ NCR over the said TanaPengurip or ancestral or NCR Land;v. Alternatively, a Declaration that the issuance <strong>of</strong> the said timber licencewas subject to the native title and/or native customary rights and/orusufructuary rights <strong>of</strong> the Plaintiffs in or over the said Tana Pengurip orancestral or NCR Land and that the licences do not affect the Plaintiffssaid title and/or rights therein;15