16 May 2022
TENAGA NASIONAL BERHAD 1. ) MOHAMED BIN DAUD 2. ) Awang Jarah Binti Awg. Teh 3. ) Jusoh Bin Awang Teh 4. ) MOHD FADZIL BIN IBRAHIM 5. ) OTHMAN BIN DAUD 6. ) RAHIMAH BINTI HARON 7. ) Yaa'cob Bin Awang Teh
- Citation
- DA-11B-6-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-11B-6-06/2021 (Mahkamah Tinggi)
The High Court upheld the Magistrate's findings that the TNB substation had been erected without lawful compliance with the Electricity Supply Act and therefore constituted a continuing trespass on respondents' land; respondents, as registered owners since 2017, were entitled to a declaration of trespass and nominal damages despite inability to prove specific quantum; defences of locus, 'as is where is' and limitation were rejected; appeal dismissed with costs.