The court concluded that the Plaintiff failed to establish wrongful detention of livestock, as he lacked agreements for their safety, resulting in a dismissal of his claims.

1. A declaration that the 2^nd and 3^rd Defendant had wrongfully detained and interfered with his livestock chattel (298 cows) without his consent.

2. Damages for the value of the live stock chattel of 298 cows that have wrongfully detained and interfered with by the 2^nd and 3^rd defendants.

3. Damages for the offspring and potential offspring of the 298 cows to be assed.

4. General damages for the wrongful act of detaining and interfering with his chattel.

5. Costs.

The brief facts of the case

The brief facts as gleaned from the evidence in this case is that the Plaintiff sometime in the year 2003 transported some 299 cows to Ladang Sri Merbau after receiving permission from a person by the name of Hazimi bin Dubuk (SP3). The Plaintiff regarded Hazimi bin Dibok as a representative of the the 2^nd Defendant.

However according to the Plaintiff sometime in the year 2005 due to floods in Ladang Sri Merbau his cows bolted to the adjoining higher pieces of land and more specifically to Ladang Sri Resak, Ladang Rasau and Ladang Lot 10.

According to the Plaintiff none of his cows could be retrieved although he was given permission to search for the cows in the adjoining 'Ladangs'. The reasons he could not retrieve his cows as claimed by the Plaintiff was because he was not given enough time to retrieve the cows and some cows which he managed to retrieve from Ladang Sri Rasau he was prevented from removing them by the management of the Ladang. Ladang Sri Rasau according to the Plaintiff belonged to the 2^nd Defendant.

The Plaintiff also claimed that the cartel which had entered Ladang Lot 10 was sold of by the Ladang in the guise of belonging to them. He was Informed of this fact by the mandor of Ladang Lot 10. The Plaintiff further stated that Ladang Lot 10 belonged to the 3^rd Defendant.

SP3 who was employed with the 2^nd Defendant at the material time as an Assistant Manager at Ladang Pulau Manis confirmed that he had given permission to the Plaintiff to rear his cows in one of the Divisions by the name of Sri Merbau. The conditions imposed upon the Plaintiff were that he had to pay RM50 per Hectare for a land area of 300 Hectares which was equivalent to 2 female cows a year.

SP3 also confirmed he saw the Plaintiff bringing 299 cows to the area designated. SP3 also confirmed that he had noticed the Plaintiff's cow had left the designated area because of floods in 2005. SP3 however could not confirm whether the Plaintiff could retrieve any of his cows.

Under cross examination SP3 testified that he had informed the manager Mejar Tahir about the Plaintiff's cow being kept at the Ladang. SP3 further elaborated that the reason the Plaintiff was given permission to rear his cows at the Ladang concerned was to graze on the grass at the Ladang. SP3 also testified that he had entered into a written agreement with the Plaintiff on the rearing of the cows but could not locate the agreement now.

To a question from the Court SP3 testified there was no agreement between him and the Plaintiff as to will bear the risk for the safety of the cows in the event of any calamities. According to SP3 the safety of the cows was the sole responsibility of the Plaintiff.

The other witnesses called by Plaintiff were Ishak bin Mat (SP5) and Zulaffandy bin Mohd Mopti (SP6) who both confirmed that they were responsible for transporting the 299 cows to the Ladang Sri Merbau using a 3 ton lorry belonging to SP5.

SP6 further testified that he could identify the cows belonging to his father by looking at the cows and also the Plaintiff's cows were tagged on the right ear. The Ladang according to SP6 tagged the cows on the left ear.

2 other witnesses called by the Plaintiff were Dr Johari Hj Bakar (SP2) who testified as to the value of the cows belonging to the Plaintiff and Ibrahim bin Senawai (SP4) who stated that he had received 20 cows from Ladang Lot 1