Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing the appellant's appeal against the decision of the High Court at Shah Alam. The High Court had dismissed the appellant's claim against the respondent for nuisance and obstruction as well as for injunction and allowing the respondent's counterclaim for damages to the boom gates and for the order restraining the appellant from harassing the committee members of the respondent and the security guards.

[2] Dissatisfied with the decision of the Court of Appeal, the appellant sought and obtained leave from this Court to appeal against the said decision on the following two questions of law:

(1) Whether the erecting of a guard house and a boom gate across a public road in a residential area amounts to an obstruction within the meaning of s 46(1)(a) of the Street, Drain