Mokhtar Sidin JCA:

[1] We have dismissed this appeal earlier. Now we give our reasons for doing so.

[2] In this appeal, land held under title CL 015276418 (hereinafter referred to as "the dominant tenement") and land held under title CL 015276409 (hereinafter referred to as "the servient tenement") prior to 1965 belonged to one Mr Tam Weng Lim. Both parcels of land were next and contiguous to each other Before 1965, the dominant tenement was vacant while there was a house erected on the servient tenement where Mr Tam Weng Lim lived. Sometime in 1965, Mr Tam Weng Lim sold the dominant tenement to his friend, Datuk Chow Chee Seng. In 1966, Datuk Chow Chee Seng was granted a right of way over the servient tenement to the dominant tenement. The right of way measured some 25 LINKs by 30 LINKs and it is registered on the southern eastern tip of the servient tenement. In 1968, Datuk Chow Chee Seng decided to build a house on the dominant tenement. For that purpose Mr Tam Weng Lim was engaged by Datuk Chow Chee Seng as the supervisor When the house was to be built it was discovered that the dominant tenement was very steep and it was difficult to build an access road on the registere