JUDGMENTBY: MOHAMED AZMI SCJ

(delivering the Judgment of the Court): This is an appeal against the judgment of Wan Hamzah J. (as he then was) wherein he granted the following orders with costs in favour of the respondent:

(i) that the Defendants should forthwith cease from encroaching into

the Plaintiffs land and resite their fencing in accordance with

the boundary as shown in the title;

(ii) that the Defendants should remove their septic tank from the

Plaintiffs land;

(iii) that the Defendants should refrain whether by themselves or their

servants or agents or otherwise from doing the following acts or

any of them that is to say erecting or re-erecting buildings on

their land in such a manner as to encroach onto the Plaintiffs

land.

The learned Judge also dismissed the appellants counterclaim for mandatory injunction pertaining to a garage built by the respondent against which there is no appeal.

From the pleadings, the respondents cause of action was based on trespass to land -- the dispute being one of encroachment of respondents land. However, from the respondents Amended S

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