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HIGH COURT MALAYA, JOHOR BAHRU
BUKIT LENANG DEVELOPMENT SDN BHD – Appellant
Versus
TELEKOM MALAYSIA BHD & ORS – Respondent
| Table of Content |
|---|
| 1. history of the claim and ownership of land. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8) |
| 2. plaintiff's allegations against the defendant. (Para 9 , 10) |
| 3. background of squatters and ownership disputes. (Para 11 , 12 , 13 , 14) |
| 4. legal definition and implications of trespass. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. burden of proof and identification of encroached lots. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 6. supply of electricity and identification of lots. (Para 29 , 30 , 31 , 32) |
| 7. conclusions on trespass action established. (Para 33 , 34 , 35 , 36) |
| 8. admissibility of evidence regarding consent. (Para 37 , 38 , 39 , 40 , 41 , 42) |
| 9. final conclusions and liability determination. (Para 43 , 44 , 45 , 46) |
[1] This case has a peculiar history of its own dating back to the 1980s where the subject matter of the claim ('the subject land') had undergone a series of litigations culminating in the present suit by the current owner, the plaintiff ('P'). The trial proceeded in respect of the second defendant ('D2') only, as the claim against the other two defendants had been settled.
Summary Of Facts
[2] The subject land owned by P, situated in the Mukim of Plenton
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