The legal principle established pertains to liability for trespass and the necessity of substantiating claims for damages with adequate expert evidence.

A. Introduction

[1] The Plaintiff claims are as follows:-

[a] An Order for injunction to restraint the Defendant from enroaching the Plaintiff's land known as Geran 36738 Lot 10607 and Geran 3088 Lot 2942 Mukim Gemencheh, Daerah Tampin, Negeri Sembilan (the said Land).

[b] An Order for injunction to restraint the Defendant from continuing any activities, quarry works and /or any action that cause or would cause blockage to the water flow from the stream which had resulted flooding to the said Land.

[c] The Defendant to pay the Plaintiff RM682,930.00 for loss of use of the said Land.

[d] The Defendant to pay the Plaintiff RM10,000.00 for restoration works to prevent flood and siltation in the said Land and also in future.

[e] The Defendant to pay the Plaintiff RM5,000.00 for each day begining on 11 March 2011 to 31 March 2012 and for each day for enroching the said Land in future

[f] The Defendant to pay the Plaintif RM20,000.00 for the construction of fence/wall along the boundary of the said Land and the land occupied by the Defendant

[g] General Damages including aggravated and examplary damages for an act of tresspassing by the Defendant for asssesment by the Senoir Assistant Registrar.

[h] Interest at the rate of 5% per annnum setahun for item (c) to (f) above calculated from 11 March 2011 to the date of judgement.

[i] Interest at the rate of 5% per annnum for item (c) to (g) above calculated from 11 March 2011 to the date of realization

[j] Further relief as the Court deems fit.

[k] Costs on Solicitor-Client basis

B. Fact Of The Case

[2] The Plaintiff is the owner of thousands of acres of palm oil estate known as Regent Estate located near the Gemencheh town in Negeri Sembilan including the said Land. The said Land though form part of the Regent Estate are separated from the other main body of lands forming the Regent Estate and stand alone.

[3] The Defendant is the owner of the land adjacent to the said Land who operates quarry activities which involved extraction of rocks, producing crusher run, gravels and other quarry by-product.

[4] In or about year 2008/2009, the Plaintiff commenced planting oil palm on a commercial basis on the said Land. On or about March 2011 the Plaintiff discovered the planted area is actually smaller due to the encroachment/trespass by the Defendant into the said Land. Thereafter the Plaintiff issued numerous letters demanding the Defendant to cease and desist from further encroachment or trespass. Eventually the Plaintiff filed an action that led to this claim.

C. List Of Witness

[5] Plaintiff witnesses:

[6] Defendant witness:

D. Plaintiff Submission

[7] The Plaintiff submitted that the said Land was originally a virgin forest land with good fertile and arable soil. The soil composition in the said Land is known as the Rengam Series soil which is one of the most suitable soils for oil palm cultivation. It has always been the Plaintiff's business and intention to cultivate palm oil on a commercial basis on the said Lands.

[8] The Plaintiff contended that the trespass committed by the Defendant came from 2 major areas. The first area is at the boundary between the Defendant's land and the said Land. The Defendant land sits on the high ground where the Defendant dumped rocks, gravels, debris and other quarry materials onto the slope which fell onto the said Land at the lower end of the slope. The second area is where the Defendant had used part of the said Land for dumping zones to pile up their crusher run. As a result of the Defendant's