JUDGMENT

Ahmad Shahrir Mohd Salled J:

Introduction

[1] In this judgment, parties are referred to as they were before the trial court. This is an appeal by the plaintiff against the decision of the learned Sessions court Judge in dismissing part of her claim.

[2] The plaintiff commenced an action against the defendant for a declaration in respect of an agreement to harvest fruits on the plaintiff's orchard. The plaintiff also claimed against the defendant for the sum of RM400,000.00 being the balance consideration due and payable under the harvest agreement, the sum of RM130,000.00 as damages for loss of certain fruit trees which were allegedly cut down by the defendant and RM2,000.00 for unpaid utilities bill. The defendant in turn filed a counter-claim against the plaintiff for refund of the consideration for the unexpired period under the harvest agreement as well as for special damages.

[3] At the conclusion of the trial, the learned Sessions court Judge allowed the plaintiff's claim for utilities bills amounting to RM2,000.00 with RM6,000.00 cost but dismissed the other claims The learned Sessions court Judge also dismissed the defendant's counter-claim. The plaintiff appealed again