February 21, 2011
In a decision delivered this afternoon, Kuching High Court Judge Datuk Linton Albert held that the Plaintiffs who are residents of the longhouse community known as Kampung Merakai or Rumah Luang, situates at Sungai Merakai, Batang Krang, Simunjan/Serian, Samarahan Division, Sarawak have established their native customary rights over the land which include the land which was issued with a provisional lease described as Lot 2979 Milikin Land District.
The High Court held that the issuance of the said provisional lease in so far as it covers or includes or impairs the Plaintiffs’ rights over the said native customary land therein was null and void, and ordered that that the provisional lease be rectified to exclude the Plaintiffs’ native customary land.
Harrison Ngau Laing represents the Plaintiffs. State legal officer Yap Khan Kee represents the Lands & Surveys Department and the Sarawak state Government while Norida Ak Aipek and Ivan Hussein are counsels for the LCDA and plantation company respectively.
The Judgment in PDF format of Luking ak Uding Vs Lands & Surveys Department