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COURT OF APPEAL PUTRAJAYA
OTHMAN ALI & ORS – Appellant
Versus
BUKIT LENANG DEVELOPMENT SDN BHD – Respondent
| Table of Content |
|---|
| 1. appeal against damages awarded in land trespass case. (Para 1 , 2 , 4) |
| 2. defendants argued misapplication of loss and damage assessment. (Para 5 , 6 , 7 , 15 , 16) |
| 3. need for evidence of actual loss in damages claims. (Para 11 , 12 , 28 , 29 , 34) |
| 4. standard for appellate interference in damage awards. (Para 20 , 21 , 22) |
| 5. court decision to set aside damages due to evidential deficiencies. (Para 43) |
[1] The appeal before us was against the decision of the learned High Court Judge in Johor Bahru Civil Suit No: 22-480-2000 which on 18 September 2013 had affirmed an assessment and award of damages by the learned Senior Assistant Registrar ("SAR").
[2] After having heard and considered the submission of the respective counsel for the parties, we had allowed the appeal and set aside that award of damages. We now set out our grounds for doing so.
[3] The appellants (in total 291 individuals) were the defendants in the aforementioned suit. The respondent, who was the plaintiff, was at the time of the commencement of the action in 2000, the registered owner of subdivided lots of land originally comprised in Grant 72 for Lot 83, Mukim of Plento
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