JUDGMENT

Rhodzariah Bujang FCJ:

[1] This appeal concerns a claim for professional negligence filed by the appellant against its former solicitor, the respondent, who was at that material time practicing in a legal firm, Messrs Suresh Thanabalasingam, but a partner in Messrs Suresh, Sharvin & Co when this appeal was heard before us. The background facts leading to the filing of the said claim are rather chequered and long winded for it went all the way back to 2011 when one Syarikat Lim Beng Brothers (Syarikat Lim, for short) filed a suit [No 22NCVC-1205-12/2011] in the Kuala Lumpur High Court against the appellant (as 2nd defendant) and 3 others, for trespass, negligence and nuisance arising out of an alleged encroachment of its land by the appellant's developer who was doing work on the appellant's land, which was adjacent to that of Syarikat Lim's, based on a joint venture agreement between the appellant and the said developer. That suit, hereinafter referred to as Suit 1205, did not proceed to trial for it was struck out against the other 3 defendants because of Syarikat Lim's failure to provide further and better particulars, but as against the appellant, judgment was entered a