Shankar J

This is a claim for damages based in nuisance and trespass. The plaintiffs allege that their land comprised in Lot 4128 Mukim of Senai, Kulai, District of Johore Bahru became unusable as a result of flooding and water-logging which was directly caused by the defendants' interference with a natural stream which flowed through Lot 4128 aforesaid and the adjoining lot 4127 belonging to the defendant.

The salient facts now follow. From April 1972 the ownership of Lot 4128 was vested as to an undivided half share in the 1st plaintiff, Toyo Textiles Industries Sdn. Bhd. (Toyo), an undivided quarter share in the 2nd plaintiff, Chong Wui Yong and an undivided quarter share in one Wong Kit Sing who died in 1981. The land is a rectangular plot. The plaintiffs' claim is that a natural stream ran across their land in a south-west to north-west direction. It approximately bisected Lot 4128 along a diagonal axis. The plaintiffs say that it emerged from Lot 4128 about two-thirds of the way up from its eastern boundary into Lot 4127 through which it continued until it reached the main JKR culvert adjacent to the main North-South highway running from Johor Bahru through Kulai towards Air