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Tr Nyutan Ak Jani & Ors Vs Lembaga Perlindungan Tanah & 2 Ors

Country/Territory
Malaysia
Type of court
National - higher court
Date
Feb 23, 2012
Source
UNEP, InforMEA
Court name
High Court in Sabah and Sarawak
Seat of court
Kuching
Judge
Datuk Clement Skinner
Reference number
[2012] MYSSHC 30
Language
English
Subject
Land & soil, Agricultural & rural development
Keyword
Private forest Land clearing Social forestry/community forestry Indigenous peoples Forest management/forest conservation Property rights Forestry protection measures Agro-forestry/silvo-pastoralism Forest service/forest officers Private land Ownership
Abstract

In this case, the plaintiffs, a group of indigenous people, complained that the defendant had cleared for oil palm cultivation without their authorization. The defendant objected by saying that the plaintiff had no right over the land as it was not registered as indigenous land.

Consequently, the plaintiffs requested the court issue an order preventing the defendants to trespass over their land and to compensate them for the loss of the trees that were cut in the clearance operation.

After studying the question of the plaintiffs’ ownership right over the land, the court concluded that even though the land was not registered, traditions legitimized the plaintiffs’ claim over the land and granted them a native customary right over the lands. Consequently, their rights over the land have been registered within the map of the competent authority, and ordered the defendant to withdraw all his agricultural material within 30 days and to compensate the plaintiffs for the damages caused on his land.

Full text
Tr Nyutan Ak Jani & Ors Vs Lembaga Perlindungan Tanah & 2 Ors.pdf
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