Abdul Malik Ishak JCA (delivering judgment of the court):

INTRODUCTION

[1]After a full trial before the High Court, judgment was entered in favour of the respondent (the plaintiff before the High Court) with costs of RM30,000. Aggrieved, the appellant (the defendant before the High Court) appeals to this court.

THE PARTIES

[2]The respondent is the registered proprietor of three pieces of land known as Geran Mukim No 3607, Lot No 2391 (‘Lot 2391’), Geran Mukim No 2954, Lot No 4197 (‘Lot 4197’) and Geran Mukim No 3608, Lot No 2392 (‘Lot 2392’) and they are all located at Mukim Ayer Putih, Daerah Pendang, Kedah (‘the lands’).

[3]The appellant is the North-South Highway Concessionaires who built the highway just next to the lands belonging to the respondent.

THE BRIEF FACTS

[4]There is a hill known as Bukit Jenun on the lands belonging to the respondent. At the material time, the lands were planted with oil palm trees.

[5]Sometime in January 2000, there was a landslide at Bukit Jenun within the side of the appellant’s right of the way. The appellant entered into the lands belonging to the respondent to carry out remedial works as a result of that landslide. Thereafter, the appellant sought to