1. ) Tuan Nurain Hafifi Binti Tuan Mohd Fauzi 2. ) RAKIAH BINTI CHE SEMAN 1. ) TUAN ANUAR BIN TUAN ABDUL KADIR 2. ) TUAN MOHAMED SIHAR BIN TUAN ABDUL KADIR

1. ) Tuan Nurain Hafifi Binti Tuan Mohd Fauzi 2. ) RAKIAH BINTI CHE SEMAN 1. ) TUAN ANUAR BIN TUAN ABDUL KADIR 2. ) TUAN MOHAMED SIHAR BIN TUAN ABDUL KADIR

On the balance of probabilities the plaintiffs had possessory rights and occupied the green dwelling; the defendants admitted demolition and removal of belongings and there was no lawful justification or consent from the plaintiffs; therefore the acts constituted trespass and actionable nuisance and plaintiffs'...

Source-derived case information.

Citation
DA-B52-4-08/2023 (Mahkamah Sesyen)
Parties
Plaintiff: TUAN NURAIN HAFIFI BINTI TUAN MOHD FAUZI; Plaintiff: RAKIAH BINTI CHE SEMAN; Defendant: TUAN ANUAR BIN TUAN ABDUL KADIR; Defendant: TUAN MOHAMED SIHAR BIN TUAN ABDUL KADIR
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 June 2025
Case Number
DA-B52-4-08/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Tort (trespass to Land) and Nuisance / Judgment (session Court)
Outcome
Plaintiffs' claims allowed on the balance of probabilities with costs awarded to plaintiffs.
Legal Topics
Trespass to Land, Possessory Rights, Private Nuisance, Demolition of Dwelling, Administration of Small Estate
Tort Property Law Nuisance Probate/estate Administration Trespass to Land Possessory Rights Private Nuisance Demolition of Dwelling +1 more

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Summary, issues, holding and outcome

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Parties

TUAN NURAIN HAFIFI BINTI TUAN MOHD FAUZI

Plaintiff

RAKIAH BINTI CHE SEMAN

Plaintiff

TUAN ANUAR BIN TUAN ABDUL KADIR

Defendant

TUAN MOHAMED SIHAR BIN TUAN ABDUL KADIR

Defendant

Procedural Posture

Civil Tort (trespass to Land) and Nuisance / Judgment (session Court)

  1. 1 Whether the green‑painted dwelling was occupied by the plaintiffs and they had rights over it
  2. 2 Whether the defendants committed trespass and demolished the dwelling
  3. 3 Whether the acts of the defendants constituted nuisance interfering with the plaintiffs' enjoyment of the property

Ratio Decidendi

On the balance of probabilities the plaintiffs had possessory rights and occupied the green dwelling; the defendants admitted demolition and removal of belongings and there was no lawful justification or consent from the plaintiffs; therefore the acts constituted trespass and actionable nuisance and plaintiffs' claims succeed with costs.

Court Disposition

Plaintiffs' claims allowed on the balance of probabilities with costs awarded to plaintiffs.

Orders

  • Plaintiffs' claims are allowed
  • Costs awarded to the plaintiffs