The State Government Of Sabah and 2 Others v Clarence Chiuh Ken Loong and 2 Others
Civil Appeal No. S-01-404-10/2014; Court of Appeal
Date of Judgment: 14 December 2016 | Source: Federal Court Registry
There are two (2) appeals before us which emanate from two civil actions at the High Court of Sabah and Sarawak in Tawau. In the first action, Suit No. TWU-21-6/10-2012 (the First Suit) three Plaintiffs, Clarence Chiuh (First Plaintiff), Lawrence Chiuh (Second Plaintiff) and Hasri Bin Budia (Third Plaintiff) sued the State Government of Sabah (First Defendant), the Director of Forestry Department (Second Defendant) and Sofien bin Mohd Saib (Third Defendant). In the First Suit the Plaintiffs sought for the following declaratory reliefs in relation to three pieces of land:

IN THE COURT OF APPEAL OF MALAYSIA

(APPELLATE JURISDICTION)

APPEAL NO: S-01-404-10/2014

BETWEEN

1. THE STATE GOVERNMENT OF SABAH

2. THE DIRECTOR OF FORESTRY DEPARTMENT

3. SOFIEN BIN MOHD SAIB ... APPELLANTS

AND

1. CLARENCE CHIUH KEN LOONG (NRIC NO.760401-12-5843)

2. LAWRENCE CHIUH KEN FAH (NRIC NO. 690204-12-5157)

3. HASRI BIN BUDIA (NRIC NO. 800810-12-5805) ... RESPONDENTS

(In the High Court of Sabah and Sarawak at Tawau

Civil Suit No: TWU-21-6/10-2012)

Suit No. TWU-21-6/10-2012

Between

1. Clarence Chiuh Ken Loong (NRIC No.760401-12-5843)

2. Lawrence Chiuh Ken Fah (NRIC No. 690204-12-5157)

3. Hasri Bin Budia (NRIC No. 800810-12-5805) ... Plaintiffs

And

1. The State Government of Sabah

2. The Director of Forestry Department

3. Sofien Bin Mohd Saib ... Defendants

CONSOLIDATED WITH

Suit No. TWU-21-2/2-2013

Between

1. Clarence Chiuh Ken Loong (NRIC No.760401-12-5843)

2. Lawrence Chiuh Ken Fah (NRIC No. 690204-12-5157) ... Plaintiffs

And

1. The State Government of Sabah

2. The Director of Lands and Surveys Department ... Defendants)

CORAM: ROHANA YUSUF, JCA; IDRUS HARUN, JCA; ZAMANI A. RAHIM, JCA

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For the Appellants: Mr. Roderic Fernandez together with Mr. Mohd Faizal Izuddin bin Mohd Hanan, Peguam Besar Negeri Sabah, Jabatan Peguam Besar Negeri Sabah, Tingkat 8 & 9, Menara Tun Mustapha, Teluk Likas, 88990 Kota Kinabalu, SABAH

For the Respondents: Mr. Trevor Maringking, Tetuan Maringking & Co., Advocates & Solicitors, Lot 119, 2nd Floor, Gaya Street, Wisma Bumi, 88848 Kota Kinabalu, SABAH

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