Iban communities from two villages in Sarawak have lost their bid to review the Federal Court's ruling that their native custom has no force of law in Sarawak.
In his 29-page judgment, Justice Azahar said the grounds for review submitted by counsels representing Tuai Rumah Sandah Tabau and Siew Ak Libau respectively in Kanowit and Sibu that the Federal Court's earlier decision had erred in law and had made various obvious errors, was not a valid and legitimate basis to seek a review of the Federal Court decision.
He said even though at the time of delivery of judgment, Justice Abdull Hamid Embong had retired, there was no dispute that the judgment of the Federal Court was delivered by the remaining four judges pursuant to section 78 of the Courts of Judicature Act 1964. The applicants' counsel had submitted that there was a"hung" decision as the Federal Court's earlier panel was split 2-2 in its decision since one judge had retired and the other judge did not answer to the legal questions.
case where the Federal Court held that a litigant cannot enforce the recommendation under paragraph 26 of the IGC that a case originating from the Borneo states should comprise of at least one judge with Bornean judicial experience.Justice Wong, in his 49-page judgment, had allowed the review applications and ordered the appeals to be reheard before another panel of judges, one of which must be a judge cloaked with Borneo judicial experience.
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