Surita Budin SCJ:

GROUNDS OF JUDGMENT

[AFTER FULL TRIAL] ENCL.1

A. INTRODUCTION

[1]On 31.01.2025, this Court has allowed the Plaintiff’s claim as follows:

a)A declaration that the Defendant and/or his agents and/or his employees and/or his servants have trespassed upon the Plaintiffs property held under Grant No. 216348, Lot 3445, Mukim Pantai, Seremban District, Negeri Sembilan;

b)An injunction that the Defendant and/or his agents and/or his employees and/or his servants are prohibited from entering and/or trespassing onto the Plaintiffs property held under Grant No. 216348, Lot 3445, Mukim Pantai, Seremban District, Negeri Sembilan;

c)Special damages in the amount of RM6,150.00 to be paid by the Defendant to the Plaintiff for the cost of surveyor’s services;

d)General damages (Compensatory damages) for encroachment on Lot 3445 and illegal felling of trees and/or plants on Lot 3445 globally amounting to RM150,000.

e)Interest on the judgment sum at the rate of 5% per annum from the date of filing of this writ until full realization.

f)Costs are according to scale.

[2]Aggrieved by this decision, vide Notices of Appeal dated 13.02.2025 (end. 69), the Defendant is now appealing to the High Court