[1] The appellant is a developer and the registered owner of a plot of land on which a high rise mixed commercial development known as the Waldorf & Windsor Tower Service Apartments (the W&W Tower) has been built.

[2] The respondent is the Joint Management Body established on 18 January 2009 pursuant to the provisions of the Building and Common Property (Maintenance and Management) Act 2007 (the BCP (M&M) Act) to manage the W&W Tower.

[3] The appellant claimed that the respondent had trespassed onto a part of the seventh floor of the W&W Tower by occupying it as its Management Office (the Disputed Area). The appellant claimed to be the registered owner of the whole of the seventh floor of the W&W Tower by virtue of a strata title issued on 24 January 2011 and that the Disputed Area is privately owned by them and is not Common Property.

[4] The respondent denied the trespass and claimed that the Disputed Area is part of the Common Property and as such the respondent as the Joint Management Body of the W&W Tower has the legal right to occupy the same.

[5] The appellant contended that as the Disputed Area d