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GUNALAN MUNIANDY
BUKIT LENANG DEVELOPMENT SDN BHD – Appellant
Versus
TELEKOM MALAYSIA BHD & ORS – Respondent
| Table of Content |
|---|
| 1. facts related to land ownership and prior litigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiff's claim of trespass by defendant. (Para 9 , 10) |
| 3. history of land ownership and squatters' status. (Para 11 , 12 , 13 , 14) |
| 4. legal definitions and conditions for trespass. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. defendant’s arguments regarding identification of lots. (Para 24 , 25 , 26 , 27 , 28) |
| 6. plaintiff's rebuttal of defendant's claims. (Para 29 , 30 , 31 , 32 , 33) |
| 7. court's findings on trespass claim and proof requirements. (Para 34 , 35) |
| 8. assessment of evidence on consent and admissibility. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 9. conclusion on trespass liability. (Para 43 , 44 , 45) |
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 th
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