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Sabah Native Customary Rights

Author :  Nasser Hamid, Ram Singh

Product Details

Country
Malaysia
Publisher
Gavel Publications, Malaysia
ISBN 9789833519330
Format PaperBack
Language English
Year of Publication 2012
Bib. Info 588p.
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Product Description

Land laws in Sabah have always recognized native customary rights and laid down procedures by which such claims can be asserted, determined and protected. In other words, there is no automatic conferment of native customary rights on occupiers of lands subject to such rights. This can be clearly seen from the legislations which preceded the Land Ordinance as well as the Land Ordinance itself: Darinsok Pangiran Apan & Ors v Hap Seng Consolidated Bhd & Ors [2008] 10 CLJ 150 (HC). Native Customary Rights over land remains the most contentious area in many jurisdictions including the State of Sabah. The purpose of this publication is to provide the decided cases, both reported and unreported, on Native Customary Rights in Sabah generally and Native Customary Rights over land specifically. In examining native customary rights in Sabah, the interpretation of the Land Ordinance (Cap 68)) of 1930 remains apposite. The Land Ordinance (Cap 68)) of 1930 is the principal statutory instrument regulating the occupation of land and its alienation within the State of Sabah. In view of the fact that the National Land Code 1965 (Act 56) which governs land law in Peninsular Malaysia is inapplicable in Sabah, the reported decisions on the Land Ordinance (Sabah) (Cap 68) remain the most important and integral source of interpreting the said provisions of the Ordinance.

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