JUDGMENT

Mcgilligan J:

The plaintiff's claim is based on an allegation of unlawful use and occupation by the defendants of what he says is his log pond at an area by the sea known as Tanjong Batu; this area is two or three miles from Tawau Town.

A log pond is a fenced-in portion of the sea, the sea-shore being one of its sides, and its other three sides being formed largely by lines of piles, i.e., heavy wooden stakes driven into the sea-bed. The main use of a log pond is for the storage of cut timber waiting to be loaded on to an exporting ship.

At Tanjong Batu there is a large piece of land fronting the sea, which is held on lease (PL No. 16148) by Mr. Hong Teck Guan, one of the directors of the defendant company. On the sea side of this piece of land there are two log ponds, as may be seen from the plan Exh. P18. The Court inspected the area, and the plan is accepted as being correct in every detail. The larger, more northerly, pond I shall call the large pond, and the smaller, more southerly, the small log pond.

The history of these ponds (and I am now making findings of fact) is this: On 9 June the defendants were granted a temporary occupation license over 800 feet (along