Azahar Mohamed CJM:

Introduction

[1] This appeal primarily relates to the statutory power of Tenaga Nasional Berhad ("TNB") to disconnect the supply of electricity to a consumer pursuant to s 38(1) of the Electricity Supply Act 1990 ("the ESA "). In essence, we are asked to decide the scope and limitations of TNB's power under the to lawfully terminate the supply of electricity to a customer's premises following the discovery of meter tampering which was subsequently remedied. The most important question in this appeal is whether the statutory power to discontinue electricity supply can be invoked by TNB in the absence of a continuing offence under s 37 of the or when the said offence is no longer extant. That is the question this judgment sets out to address.

[2] This appeal by TNB is brought from a judgment of the Court of Appeal, where leave to appeal had been granted by this Court on 22 June 2020. By its judgment, the Court of Appeal dismissed an appeal by TNB against a judgment of the High Court which had allowed the respondents' injunction application restraining TNB from disconnecting the electricity supply to the Respondents' premises.

The Parties

[3] TNB is a l