Tee Geok Hock JC:

Introduction

[1] It is doubtful whether this court's decision dated 10 December 2020 (which granted extension of time for the appellant/defendant to file his Appeal and records so as to regularize his late Notice of Appeal filing of the same) is appealable in view of the Federal court's decisions in the cases of Asia Pacific Higher Learning Sdn Bhd v. Majlis Perubatan Malaysia & Anor, [2020] 2 MLJ 1, Kempadang Bersatu Sdn Bhd v. Perkayuan Oks No 2 Sdn Bhd; [2019] 4 MLJ 614; [2019] 4 CLJ 131 and the court of Appeal's judgments in Datuk Seri Ting King Sing v. Datuk Seri Ong Tee Keat; [2014] 6 AMR 179 (dismissal of discovery application) and Syarikat Tingan Lumber Sdn Bhd v. Takang Timber Sdn Bhd; [2003] 2 MLJ 495; [2003] 2 CLJ 177; [2003] 3 AMR 13 (ruling on inadmissibility of evidence).

[2] The respondent/plaintiff and the appellant/defendant have been and still are, next door neighbours at all material times.

[3] The defendant constructed a wall along the boundary between the defendant's house and the plaintiff's house.

[4] The plaintiff has complained that the wall was higher than 5 feet permitted by the local authority and was not built with holes: paragraph