Hasnah Mohammed Hashim JCA:

[1] This appeal arose from the decision dated 27 April 2018 in respect of a piece of land described as Lot PT 18903, HS(M) 20109, Mukim Klang, Tempat Bukit Kemuning, Daerah Klang (the Land). We heard the oral submissions of the respective counsel for the parties and upon evaluating both the oral and written submissions as well as considering the learned Judicial Commissioner's (JC) Grounds of Judgment (GOJ), by majority, we found no merits in the appeal to warrant our intervention and dismissed the appeal with costs. We now give our full reasons for deciding so.

[2] For the purpose of this judgment, the parties will be referred to as they were in the High Court.

Material Facts

[3] We summarised the material facts as follows. In the High Court the Plaintiff had sought the following reliefs:

a) an injunction restraining the Defendants from trespassing;

b) an Order that the Defendants remove the fence and/or other structures and restore the Land to the condition in which it was before such fences and/or structures were erected or constructed;

c) an Order that the Defendants, jointly and/or severally, pay damages for trespass on the Land from 25 March 2011