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COURT OF APPEAL PUTRAJAYA
PROJEK LEBUH RAYA UTARA-SELATAN SDN BHD – Appellant
Versus
KIM SENG ENTERPRISE (KEDAH) SDN BHD – Respondent
| Table of Content |
|---|
| 1. background of the parties involved. (Para 1 , 2 , 3) |
| 2. description of property damages and remedial efforts. (Para 4 , 5) |
| 3. claim details regarding damages and compensation. (Para 8 , 9) |
| 4. defendant's argument about trial errors. (Para 12 , 13) |
| 5. burden of proof in damages assessment. (Para 72 , 73 , 74) |
| 6. legal principles relating to nuisance and trespass. (Para 123 , 124 , 126 , 127 , 129) |
| 7. final judgment and order. (Para 134) |
[1] After a full trial before the High Court, judgment was entered in favour of the respondent (the plaintiff before the High Court) with costs of RM30,000.00. Aggrieved, the appellant (the defendant before the High Court) appeals to this Court.
The Parties
[2] The respondent is the registered proprietor of three pieces of land known as Geran Mukim No: 3607, Lot No: 2391 ("Lot 2391"), Geran Mukim No: 2954, Lot No: 4197 ("Lot 4197") and Geran Mukim No: 3608, Lot No: 2392 ("Lot 2392") and they are all located at Mukim Ayer Putih, Daerah Pendang, Kedah (hereinafter referred to as "the lands").
[3] The appellant is the North-South Highway Concessionaires who built the highway just next to the lands belonging to the respondent.
The Brief Facts
[4]
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