Introduction

[1] There are two monsoon seasons in Malaysia. The primary rains generally fall in October and November, while the secondary maximum generally falls from April to May.

[2] This year, the tropical rains started heavily in early September. It has resulted in many trees and branches falling, particularly in Kuala Lumpur, unable to withstand the forces of nature.

[3] When a tree falls on a person, it is invariably fatal. It, therefore, behoves Dewan Bandaraya Kuala Lumpur and all the local authorities to have a proper plan in place to cut and prune trees that fall within their jurisdiction.

[4] In the suit before me, the two issues are:

i. Does the Datuk Bandar Kuala Lumpur/The Mayor of Kuala Lumpur owe a duty of care and statutory duty under the Local Government Act 1976 to members of the public to maintain trees that are on private land but with branches protrud