JUDGMENT

Leong Wai Hong JC:

Introduction

[1] Let's say there is a piece of privately-owned vacant land with big shady trees. With the permission of the local authority, the owner decides to lease the land to food operators to run restaurants. If a tree falls on a food operator or a customer, is the local authority like the Datuk Bandar Kuala Lumpur / The Mayor of Kuala Lumpur liable to the injured food operator or customer?

[2] This issue of public importance arose in the trial before me. The issue I will frame as follows:

Does the Datuk Bandar Kuala Lumpur / The Mayor of Kuala Lumpur owe a statutory duty under the Local Government Act 1976 to members of the public to maintain trees which are wholly on private land but which the public was allowed access?

[3] The trial arose out of a tragic death incident that occurred to a lady with the name of Yulma binti Abdul Gafar ["Deceased"] when a huge branch from a tree fell on her head on 19 December 2021. ["Tree"].

[4] The 1st plaintiff is the widower of the Deceased who brought the suit as the husband and lawful dependant of the Deceased. The 2nd to 6th plaintiffs are the children of the Deceased.

[5] The 1st defendant is Datuk Bandar Kuala L