Sabah Native Customary Rights  

Sabah Native Customary Rights

ISBN 978-983-3519-33-0
Author: Nasser Hamid / Ram Singh
Binding: Softcover 588 pages
Publication Price: MYR 300
The law is stated as of June 1, 2012

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.

Sabah Native Customary Rights is divided into the following sections:

  • Introduction
  • Citator
  • Statute Search
  • Casebook

Download full Table of Contents for this book here