statement of claim
statement of claim
statement of claim
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11. In and around September 1993, without consultation with the Plaintiffs andunknown to them, the 2 nd Defendant issued the said timber licence to the1 st Defendant, <strong>of</strong> which the licensed areas within the said timber licence, inwhole or in part, encroaches on the said Tana Pengurip or NCR Land <strong>of</strong>the Plaintiffs. Since the issuance <strong>of</strong> the said timber licence, the 1 stDefendant and/or its contractors, subcontractors, employees, servantsand/or agents have been and are working, trespassing and destroying thesaid Tana Pengurip or NCR Land and its constituents, depriving thePlaintiffs <strong>of</strong> their main source <strong>of</strong> livelihood.Timber Licence No. T/041312. Samling Plywood Sdn Bhd’s Re-Entry Hill Logging Timber Licence No.T/0413 was issued by the 2 nd Defendant to the 1 st Defendant to harvestmerchantable timber over a Licenced area measuring about hectares.12.1 The Forest Timber Licence No. T/0413 was issued in September1993 and will expire in August 2018.13. The boundary or extent <strong>of</strong> the said timber licence in the vicinity <strong>of</strong> theTana Pengurip or NCR Land <strong>of</strong> Kampung Ba Jawi overlaps with the TanaPengurip or NCR Land <strong>of</strong> Kampung Ba Jawi as reflected on the mapmarked “L” and annexed hereto.14. The said timber licence was granted without the permission <strong>of</strong> thePlaintiffs, who are the rightful owners and/or proprietors and/or Licenseesand/or <strong>claim</strong>ants to/<strong>of</strong> the said NCR Land.15. The said timber licence was granted for the areas <strong>of</strong> land which includesand comprised <strong>of</strong> farmlands and forest reserves used by the Plaintiffs.16. It is an express provision and/or requirement <strong>of</strong> the said timber licencethat it is granted subject to and/or without prejudice to the Plaintiffs’ rightsincluding the exercise <strong>of</strong> native customary rights over the licensed area.17. Neither the 1 st Defendant nor the logging contractors had conductedground surveys to identify and establish the boundary <strong>of</strong> the said NCRland or land <strong>claim</strong>ed by the Plaintiffs that include burial grounds, historicalsites, sacred sites and/or other significant sites in the licensed area.Plaintiffs’ rights impaired18. The grant and/or issuance and/or registration <strong>of</strong> the said timber licence bythe 2 nd Defendant on the ostensible authority <strong>of</strong> legislation such as theForest Ordinance is unconstitutional and/or wrongful in so far as it8