JUDGMENT

Abdul Malik Ishak J:

Introduction

[1] The plaintiff is essentially seeking in encl. one (1) a mandatory injunction requiring the defendant to remove from the plaintiff's land all permanent and/or temporary structures, be it in the form of ground anchors or otherwise, and a perpetual injunction to prevent the defendant and/or its agent from further encroaching and trespassing onto the plaintiff's land.

The Undisputed Facts

[2] From the relevant affidavits, the following objective and undisputed facts giving rise to the plaintiff's claim may be stated accordingly:

(a) that the plaintiff is the registered and beneficial owner of Lot 55482, Geran 50059 in the Mukim and District of Kuala Lumpur (hereinafter referred to as the "plaintiff's land") on which the plaintiff is undertaking the development of a residential project (see para 4 of the plaintiff's first affidavit in encl. 2);

(b) that the defendant is the owner of plots of land adjoining the plaintiff's land and the defendant is similarly undertaking the development of service apartments on the defendant's land (see para 5 of the plaintiff's first affidavit in encl. 2);

(c) that the defendant admits that in carrying out i