Mohd Noor Ahmad J:

[1] The plaintiff sued the defendant for general damages and exemplary damages based on trespass and nuisance. He also asked for the following declarations and injunctions:

(a) a declaration that the defendant is not entitled to cut or alter the public road access or otherwise appropriate the road reserve so as to deprive the plaintiff of access to his land,

(b) a declaration that the plaintiff is entitled to use and enjoy the road reserve as access to the plaintiff's land or the right of support to the said land,

(c) an injunction to restrain the defendant whether by himself, his servants or his agents howsoever from encroaching onto the plaintiff's land,

(d) a mandatory injunction directing the defendant to forthwith at its own costs reinstate and rehabilitate the ground levels of the plaintiff's land and the road reserve adjoining the said land:

(i) by constructing a reinforced earthwall at the boundary between the defendant's land and the road reserve to the height up to the utmost original ground level, and

(ii) thereafter by backfiling with sand and earth up to the level of the reinforced earthwall,

(e) a mandatory injunction directing the defendant to fort