JUDGMENT

Edgar Joseph Jr J:

This case concerns a dispute between neighbours about acts of alleged trespass and nuisance to land and also about an alleged contractual right of way and, as might be expected of such a dispute, it generated a considerable degree of acrimony ending in a long drawn out, complex and expensive law suit.

Before me, the plaintiffs' claims, stated broadly and summarily, were for general damages for trespass, nuisance and injury to their two plots of land allegedly caused by the development activities of the first defendant, Low Yat Holdings Sdn. Bhd. - since 6 June 1983 renamed Mount Pleasure Corporation Sdn. Bhd. and amended accordingly - ("the defendant company") and its contractor the second defendant, on neighbouring land, resulting in obstruction of access from these lots to the public highway. The plaintiffs further claimed (1) exemplary and aggravated damages, (2) specific performance of the contractual right of way in order to obtain for themselves a right of carriageway as aforesaid and an injunction in aid thereof. Alternatively, the plaintiffs claimed a declaration that they were entitled to an equitable easement in respect of this right of carriag