Gunalan Muniandy JC:

(1) This case has a peculiar history of its own dating back to the 1980s where the subject matter of the claim (the subject land) had undergone a series of litigations culminating in the present suit by the current owner, the plaintiff (P). The trial proceeded in respect of the second defendant (D2) only, as the claim against the other two defendants had been settled.

Summary Of Facts

(2) The subject land owned by P, situated in the Mukim of Plentong, Johor Bahru, comprises 405 individual lots. It was purchased from one Oakfield Enterprises Sdn Bhd (Oakfield).

(3) In 1989, Oakfield brought an action against the occupants (squatters) on the subject land and obtained an order against them on 8 November 1989. Some three years later, Oakfield commenced an action against D2 alleging trespass onto the subject land in connection with supply of electricity to squatters. The case did not proceed but was struck off on 2 November 2000 for want of prosecution.

(4) Sometime in 1997, after having purchased the subject land from Oakfield, P commenced an action against the squatters by recourse to the summary process under O. 89, RHC 1980. The High Court granted the s