JUDGMENT

This is my JUDGMENT in respect of the plaintiffs' claim in trespass and the defendants' counterclaim.

Brief Facts

1. The Plaintiffs in this instant action had sought for various injunctive relief and also damages against the defendants on issues of trespass, nuisance, dumping of construction debris and encroachment onto the plaintiffs' land including a declaration that the defendants are not entitled to build or position its embankment or road with supporting slopes encroaching, entering into and occupying over the plaintiffs' said land or any part thereof as shown in the defendants' site layout plans.

The plaintiffs in this action say that the defendants, a developer has encroached into the plaintiffs' land. The defendants say there was no encroachment as the previous owners of the plaintiffs' land had already given consent to the defendants for the alleged encroachment and the alleged encroachment benefits both parties and also adjoining land owners.

Preliminaries

2. Plaintiffs' main witness, PW2 gave evidence and in essence his complaint was that the previous landowners have not informed him of the consent. However, the previous landowners gave evidence and said that they hav