Noor Ruwena Md Nurdin J:

Introduction

[1] This case concerned an appeal that was filed by the Appellant/lst Defendant, Feng Jin Textile Sdn Bhd (D1) against the Respondent/Plaintiff in the Sessions Court, Segar a/l Retnam. The Plaintiff sued D1 and 2 others, namely, one Chai Kah Wei (D2) and Kok Meng Trading Sdn Bhd (D3). Later, the Plaintiff withdrew the suit against D3. For ease of reference, I will refer to the parties as they were at the Sessions Court. Dissatisfied with the decision of the Sessions Court Judge (SCJ) on 31 January 2024, D1 filed the Notice of Appeal to this Court on 2 February 2024 against the whole decision of the SCJ. The Plaintiff then had crossed appeal against quantum as the SCJ did not award him damages for the continuous trespass despite finding that the Defendants were liable for trespass on his land.

[2] This Court heard the appeals on 10 December 2024 and delivered its decision on 7 January 2025 where I had made the following orders:

i. D1's appeal was dismissed;

ii. SCJ's award for RM20,000.00 in general damages was upheld;

iii. D1 was ordered to pay RM30,000.00 in exemplary damages to the Plaintiff; and

iv. damages of RM500.00 to be paid by D1 to t