statement of claim

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35. The Plaintiffs further aver that the impairing of their rights to livelihood bythe aforesaid acts and provisions of the law is unjust, unfair andunreasonable and destructive of their economic, cultural and socialsystem for their existence and therefore not in accordance with the law.36. Further and in the alternative, the Plaintiffs aver that the said timberlicence are subject to the rights of the Plaintiffs in or over the said NCRLand and therefore the Licensees cannot lawfully acquire any title orinterest therein.37. Further and in the alternative, the Plaintiffs aver that the issuance of thesaid timber Licence was an abuse of the fiduciary duty of the 2 nd and 3 rdDefendants to protect the Plaintiffs rights and/or title in and possession oftheir said NCR Land in that by its said act as aforesaid the 3rd Defendanthad failed to act for the benefit of the Plaintiffs. The said timber licencewas therefore null and void.Particulars of fiduciary Duty relied on37.1 Although the law granted upon the 3 rd Defendant special powersand discretion to give preferential treatment to the Plaintiffs asregards the reservation or alienation of land in Sarawak, the 3 rdDefendant had failed, refused and/or neglected to exercise it toprotect the Plaintiffs said rights and/or title in and possession of thesaid NCR Land and/or to give them such preferential treatment.37.2 The 3 rd Defendant and/or its predecessors, upon acquiring and/orestablishing sovereignty over the State of Sarawak with theagreement and/or undertaking that the said sovereignty shall besubjected to the natives rights and/or title to and possession of theirland, the 2 nd and or the 3 rd Defendants are entrusted and obliged toact to protect the Plaintiffs said rights and/or title to and possessionof the said NCR Land.38. The Plaintiffs, in addition to the matters pleaded in the aforesaidparagraphs, further claim exemplary damages by reason of the conduct ofthe Defendants.Particulars of conduct38.1 The 3 rd Defendant, despite express knowledge of the Plaintiffsclaim over the said NCR Land and the continued objections andprotests by the Plaintiffs, have permitted the continuance and/orfailed to revoke the said timber licence of the 1 st Defendant.14
38.2 Such conduct is oppressive, arbitrary, illegal and/orunconstitutional.38.3 Such conduct is also calculated to result in a profit for theDefendants.39. Further and in the alternative, the Plaintiffs aver that the issuance of thesaid timber licence was in breach of section 8 and/or section 13 and/orsection 15 of the Land Code (Cap.81) in that the Plaintiffs' said TanaPengurip or ancestral or NCR Land were alienated to others withoutextinguishment of the Plaintiffs’ rights therein and without payment ofcompensation to them. In the premise, the said timber licence was illegal,unlawful and void.ReliefWherefore the Plaintiffs claim 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 claimed 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 of 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 of the said timber licence to the 1 stDefendant in as far as the extent of 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 of extinguishment of Plaintiffs’ NCR over the said TanaPengurip or ancestral or NCR Land;v. Alternatively, a Declaration that the issuance of the said timber licencewas subject to the native title and/or native customary rights and/orusufructuary rights of 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
Page 1 and 2: “X”MALAYSIAIN THE HIGH COURT OF
Page 3 and 4: ights over the land in Ba Jawi and
Page 5 and 6: The boundary of Ba Jawi begins at t
Page 7 and 8: 6.3. The Plaintiffs’ ancestors an
Page 9 and 10: abridges or impairs the Plaintiffs
Page 11 and 12: affected land to be earth-filled th
Page 13: Constitutional Issues31. Further an
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