SYARIKAT PEMBINAAN CAMERON HIGHLANDS JAYA SDN. BHD. 1. ) VIJAYA KUMAR A/L CHELLAPAN 2. ) KUMARESH A/L VIJAYA KUMAR

SYARIKAT PEMBINAAN CAMERON HIGHLANDS JAYA SDN. BHD. 1. ) VIJAYA KUMAR A/L CHELLAPAN 2. ) KUMARESH A/L VIJAYA KUMAR

Court upheld the trial findings that the plaintiff proved special damages by admissible documentary evidence in the agreed bundles and through witness testimony; the claimed items were reasonable and not speculative, and therefore special damages of RM376,879.20 and costs of RM7,500.00 were properly awarded and are...

Source-derived case information.

Citation
CC-A53-1-11/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Syarikat Pembinaan Cameron Highlands Jaya Sdn. Bhd.; Defendant: Vijaya Kumar a/l Chellapan; Defendant: Kumaresh a/l Vijaya Kumar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2023
Case Number
CC-A53-1-11/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Trespass/possession and Remedies / Judgment (post Trial)
Outcome
Appeal dismissed as to quantum and costs; trial court award of special damages RM376,879.20 and costs RM7,500.00 upheld; declaratory and injunctive relief and vacant possession previously ordered remain in force.
Legal Topics
Trespass to Land, Mandatory Injunction, Prohibitory Injunction, Declaration, Vacant Possession, Assessment of Special Damages, Costs
Property Law Tort Civil Procedure Remedies Trespass to Land Mandatory Injunction Prohibitory Injunction Declaration +3 more

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Parties

Syarikat Pembinaan Cameron Highlands Jaya Sdn. Bhd.

Plaintiff

Vijaya Kumar a/l Chellapan

Defendant

Kumaresh a/l Vijaya Kumar

Defendant

Procedural Posture

Civil Trespass/possession and Remedies / Judgment (post Trial)

  1. 1 Whether the plaintiff proved special damages arising from defendants' trespass
  2. 2 Whether documentary evidence and witness testimony sufficed to quantify damages and were not speculative or remote
  3. 3 Appropriate measure of damages for deprivation of use of land and delay to development

Ratio Decidendi

Court upheld the trial findings that the plaintiff proved special damages by admissible documentary evidence in the agreed bundles and through witness testimony; the claimed items were reasonable and not speculative, and therefore special damages of RM376,879.20 and costs of RM7,500.00 were properly awarded and are affirmed.

Court Disposition

Appeal dismissed as to quantum and costs; trial court award of special damages RM376,879.20 and costs RM7,500.00 upheld; declaratory and injunctive relief and vacant possession previously ordered remain in force.

Orders

  • Declaration that defendants and/or their agents/workers unlawfully entered plaintiff's land and erected an illegal structure on part of the plaintiff's land
  • Order that defendants give vacant possession of the occupied portion of plaintiff's land within 7 days from date of order