Sipadan Island

After years of struggle, the Federal Court sitting at Kota Kinabalu finally decided our clients' Native Customary Rights claim over Sipadan Island.

While the appeal by our clients was dismissed with no order as to costs, we still see light at the end of the tunnel. 

His Lordship Raus Shariff, who chaired the panel, made it very clear that the Court does not dispute the Appellants' right over the Island but the Court is not in a position to grant the claimed rights because the Island has been gazetted as a restricted area under the National Security Act. The court formed the opinion that even if the appeal was to be allowed thus granting the rights to my clients, the Appellants will not be able to enforce such rights given the special circumstances.

The Court advised our clients to enforce their rights over the island once the Island is no longer a gazetted a restricted area.

Another long challenging litigation may be in the pipe line soon.