JUDGMENT

Hashim Yusoff JCA:

[1] The plaintiff's (appellant) claim against the defendant (respondent) is for trespass. In the High court, the learned trial judge after a full trial, dismissed the appellant's claim with costs. Hence, this appeal before us. After hearing arguments from both parties, we unanimously dismissed this appeal with costs. We now give our reasons for doing so.

Facts

[2] The full facts of this case can be found in the grounds of judgment of the learned trial judge (see appeal record Bahagian A pp. 21-35). We do not intend to reproduce them here.

[3] At the outset of hearing this appeal, learned counsel for the appellant applied to adduce a new piece of evidence ie, a letter dated 1 November 1974. However he also said that the letter was available earlier but did not know why it was not produced at the court below. As such we found no merits in the said application (kandungan 10A) and accordingly dismissed it.

[4] Learned counsel for the appellant proceeded to raise three main issues which were agreed upon by learned counsel for the respondent in this appeal ie,:

(i) Whether s. 53(1)-(9) of the Electricity Act 1949 ("the Act") was followed by the respondent;

(ii) Wheth