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2014 MarsdenLR 78

COURT OF APPEAL PUTRAJAYA
TAI THONG FLOWER NURSERY SDN BHD – Appellant
Versus
MASTER PYRODOR SDN BHD – Respondent


[1] This appeal was filed by the appellant/defendant who was aggrieved by the order of the High Court allowing the respondent/plaintiff 's claim for vacant possession of a piece of land in Mukim Ulu Telom, Daerah Cameron Highlands, Negeri Pahang, of which the respondent/plaintiff claimed to be the registered owner; and allowing the respondent/plaintiff 's claim for general damages and exemplary damages to be assessed by the Registrar.

[2] For ease of reference, the parties to this appeal will be referred to in this judgment as they were in the High Court.

The Plaintiff's Claim

[3] The plaintiff filed its writ of summons and statement of claim on 6 January 2011 against the defendant.

[4] According to the plaintiff 's statement of claim, it was at all material times the sole registered owner of a parcel of land measuring approximately 8.094 hectares or 20 acres [the "Subject Land"] held under HS (D) 3805 PT 2279, Mukim Ulu Telom, District of Cameron Highlands, Pahang,

[5] The plaintiff claimed that the defendant had unlawfully occupied the Subject Land and had built permanent structures and fixtures on the land without the plaintiff 's consent.

[6] The plaintiff claimed to have served a no

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