JUDGMENT

Low Hop Bing JCA:

Appeal And Cross-Appeal

[1] On 21 May 2007, the learned judge of the Ipoh High Court:

(1) allowed the claim of the respondent ("the plaintiff") and ordered the appellant ("the defendant") to pay the plaintiff the sum of RM944,228.84, as damages for trespass, together with interest at 8% p.a. from the date of judgment to the date of realization, and costs, but dismissed the plaintiff's claim for exemplary and aggravated damages; and

(2) dismissed with costs the defendant's counterclaim against the plaintiff.

[2] The defendant has now appealed against the decision of the High Court given in favour of the plaintiff.

[3] On the other hand, the plaintiff has filed a cross-appeal against the dismissal of the plaintiff's claim for exemplary and aggravated damages.

Finding Of Facts

[4] The narrative of the relevant facts, as found by the learned judge after a full trial, may be unfolded below.

[5] Pursuant to a tenancy agreement dated 5 February 2001 ("the agreement") the defendant as landlord let to the plaintiff, as tenant, the vacant land held under HS(D) KA 81943, No. P.T. 162011, in the mukim of Hulu Kinta, district of Kinta, Perak ("the land") for