The court determined that the defendant was not liable for trespass, as historical approvals justified its infrastructure placement on the land, while the plaintiff's 'as is where is' purchase negated claims for damages related to trespass.

[1] In brief, the plaintiff's claim against the defendant is for trespass on the plaintiff's lands, and damages arising from the trespass.

[2] By this writ action the plaintiff seeks judgment against the defendant for a total sum of RM221,472,061.00. In the statement of claim, the plaintiff applied for the following reliefs:

(a) A declaration that the defendant is a trespasser on the lands and is a nuisance to the plaintiff;

(b) Special damages amounting to RM23,077,116.00 being the total rental value of the lands based on its current prevailing market value rates calculated with effect from 22 March 2011 and continuing until cessation of the telecommunication services and the date of removal of the defendant's offending infrastructure from the lands as per Annexure A and/or alternatively for the same to be assessed;

(c) Special damages amounting to RM198,110,908.00 being loss of opportunity and/or loss of profit by reason of the continued wrongful occupation of the squatters which was caused, encouraged and or facilitated by the defendant resulting in the plaintiff being prevented from developing the lands to its full potential as per Annexure B and/or alternatively, for the same to be assessed;

(d) Quit rent for the five pieces of land for the year 2012 amounting to RM234,677.00 and continuing until full and final settlement thereof and/or alternatively, for the same to be assessed;

(e) Land assessment ("assessment") for the five pieces of land for the year 2012 amounting to RM49,360.00 and continuing until full and final settlement thereof and/or alternatively, for the same to be assessed;

(f) General damages;

(g) Aggravated/exemplary damages;

(i) Interest at 5% per annum on any judgment sum from 22 March 2011 until the date of full and final settlement;

(j) Costs; and

(k) Any other relief deemed proper and appropriate by this Honourable Court.

Background Facts

[3] The plaintiff is the beneficial and registered owner of five pieces of adjoining lands held under HS(D) 23474 Lot No 3181, HS(D) 23475 Lot 3182, HSD(D) 23477 Lot 3183, HS(D) 23478 Lot 3184 and HS(D) 23479 Lot 3185, all in Pekan Ulu Temiang, Negeri Sembilan (collectively known as "the lands") (Individual Registered Titles in CBOD3 Pt B pp 1-21).

[4] The plaintiff purchased the lands at an auction held on 22 March 2011 for the purchase price of RM18,550,000.00. On 18 November 2011, the plaintiff was registered as the registered owner of the lands (see proclamation of sale in CBOD2 Pt A pp 1-7, Form 16F in CBOD2 Pt B pp 8-9, and official land search results (Sijil Carian Rasmi) in CBOD1 Pt A pp 26-40).

[5] After the plaintiff had purchased the lands, the plaintiff discovered that the lands were occupied by squatters. The plaintiff also discovered that the squatters were supplied with basic amenities, such as electricity, water and telecommunications services.

[6] The plaintiff also discovered that the defendant had erected, constructed and emplaced telecommunications infrastructure such as poles, conduit pipes, and other equipment ("infrastructure") on the lands, and was providing telecommunication services to the squatters.

[7] Subsequently, the plaintiff further discovered that vide a judgment handed down on 22 June 1984 relating to the lands, the Federal Court had held that the squatters were at all material times squatters, a