Abdul Aziz Rahim J:

[1] On or about 19 October 2000 the appellant was driving his taxi bearing registration no. HQ207 ("the vehicle") along Jalan Crookshank near the entrance of Kuching Civic Centre and Sarawak Tennis Court. The appellant alleged that while he was driving, a tree fell on the vehicle. As a result of the accident the 1st appellant sustained injuries and the vehicle was badly damaged.

[2] The 1st appellant was the authorized driver of the vehicle. The vehicle belonged to the 2nd appellant. Thus both appellants claimed against the respondent damages and injuries. The 1st appellant's claim is for injuries suffered and the 2nd appellant's claim is for special damage for the damaged vehicle.

[3] The appellants' action is premised on negligence and breach of statutory duty purportedly on the part of the respondent for failure to ensure and maintain the trees. The particulars of negligence are set out in para. 6 of the appellants' amended statement of claim.

[4] The appellants' case is that the place of accident ie along Jalan Crookshank near the entrance of the Kuching Civic Centre or thereabout is within the jurisdiction of the City of Kuching North pursuant to s