JUDGMENT

Salleh Abas FJ (delivering the judgment of the Court):

This appeal relates to the claim by the respondents of their right of access to the roof top of a seven-storey commercial building, the ground and first floors of which are owned by them, via the common staircase connecting all the floors of the building. The learned trial Judge below upheld the respondents' claim and awarded against the appellant a mandatory injunction and a sum of RM10,000 by way of damages. Hence the present appeal.

For the purpose of our judgment, it is necessary to state the facts as follows.

Kuan Kum Ming and Kwan Yui Ming (referred to in this judgment as the "vendors") owned a piece of land, a 999 year lease - Sandakan Town LeaseNo. 809 - containing an area of 1,500 square feet. They built a seven-storey commercial building on it. On the roof top of the building, there are constructed two water tanks of equal size, each capable of holding 3,250 gallons of water. One of the tanks supplies water by means of pipes connected therewith to the ground and the first floors of the building. Access to the water tank was gained by using the common staircase which connected the ground floor with all other