DATO' MOHD ROZALI BIN ISOHAK TENAGA NASIONAL BERHAD

DATO' MOHD ROZALI BIN ISOHAK TENAGA NASIONAL BERHAD

Plaintiff's claim was dismissed and Defendant's counterclaim allowed because Defendant proved statutory wayleave and compliance with the PTJTM order including payment of compensation, the Plaintiff's proceedings were commenced and pursued maliciously and constituted an abuse of process, and Defendant thereby was entitled to declaratory and consequential reliefs including assessed and awarded damages and costs.

Citation
DA-B52NCvC-18-11/2023 (Mahkamah Sesyen)
Parties
Plaintif: DATO’ MOHAMAD ROZALI BIN ISOHAK; Defendan: TENAGA NASIONAL BERHAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 June 2025
Case Number
DA-B52NCvC-18-11/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (guaman) / Final Judgment on Claim and Counterclaim
Outcome
Plaintif's claim dismissed in full; Defendan's counterclaim allowed in part
Legal Topics
Wayleave, Statutory Rights, Private Caveat, Malicious Prosecution, Abuse of Process, General Damages, Aggravated Damages, Exemplary Damages, Land Compensation, Costs
Source Language
Malay/English
Property Law Civil Procedure Tort (malicious Prosecution/abuse of Process) Damages Law Electricity/statutory Wayleave Law Wayleave Statutory Rights Private Caveat +7 more

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Parties

DATO’ MOHAMAD ROZALI BIN ISOHAK

Plaintif

TENAGA NASIONAL BERHAD

Defendan

Procedural Posture

Civil Suit (guaman) / Final Judgment on Claim and Counterclaim

Legal Issues

  1. 1 Whether Defendant (TNB) has statutory wayleave/right to occupy the subject land
  2. 2 Whether Plaintiff's primary claim was an abuse of process and amounted to malicious prosecution
  3. 3 Whether Defendant discharged evidential burden by payment of compensation and by registered caveat

Ratio Decidendi

Plaintiff's claim was dismissed and Defendant's counterclaim allowed because Defendant proved statutory wayleave and compliance with the PTJTM order including payment of compensation, the Plaintiff's proceedings were commenced and pursued maliciously and constituted an abuse of process, and Defendant thereby was entitled to declaratory and consequential reliefs including assessed and awarded damages and costs.

Court Disposition

Plaintif's claim dismissed in full; Defendan's counterclaim allowed in part

Orders

  • Declaratory relief that Defendan has statutory wayleave under Electricity Act 1949 and/or Electricity Supply Act 1990
  • Order that Plaintif comply with PTJTM order dated 5.6.1989 and surrender the subject land to the State using Form 12A KTN 1965