JUDGMENT

Abdul Malik Ishak JCA:

Introduction

(1) We shall refer the parties to what they were referred to by the learned Judicial Commissioner ("JC") of the High Court. Thus, Tsang Yee Kwan - the appellant before us, will be referred to as the plaintiff. While OSM Alliance Holding Sdn Bhd - not a party before us, will be referred to as the first defendant. While Majlis Perbandaran Batu Pahat - the respondent before us, will be referred to as the second defendant.

(2) On 22 November 2006, the plaintiff filed a claim against the second defendant and the first defendant for trespass over her lands allegedly committed by the first defendant as the second defendants agent.

(3) The second defendant filed an application to strike out the plaintiffs claim under O. 18 r. 19(1)(b) or (d) of the Rules of the High Court 1980 ("RHC") and the deputy registrar allowed the second defendants application. The plaintiff appealed to the judge in chambers and the learned JC of the High Court dismissed the plaintiffs appeal with costs. Aggrieved, the plaintiff now appeals to us.

The Facts

(4) The plaintiff is the registered owner of five pieces of land held under HS(M) 470 PT 714, GM 211 Lot 693