JUDGMENT

Abdul Rahman Sebli JC:

[1] The 1st and 2nd plaintiffs are the registered and beneficial owners respectively of two pieces of land under titles No. CL015492458 ("the CL Land") and No. NT013049806 ("the NT Land"). On 29 June 2007 they were given approval by Dewan Bandaraya Kota Kinabalu to carry out a residential development project on the said lands. The project comprises 71 units of terrace houses, 14 units of semi-detached houses and 13 units of detached houses. The 1st plaintiff has been offered bridging loan facilities in the sum of RM8.8 million by Public Bank Berhad for the project and is expecting a profit of RM15.5 million. However sometime in October 2007 the 1st plaintiff was informed by an officer of the 1st defendant that the 1st defendant intended to build high tension towers on the NT Land. Preliminary works on the lands commenced after the Earth Planning Approval was given by DBKK to the 1st plaintiff on 13 November 2007. The transmission lines would cut across the NT Land. The plaintiffs and their solicitors raised their objections to this plan but to no avail. They were only given assurances by the 1st defendant that their objections would be looked into.

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