19 Aug 2022
HASILHARTA (MALAYSIA) SDN. BHD. 1. ) IDEAL ADVANTAGE SDN. BHD. 2. ) Vast Diversified Sdn. Bhd.
- Citation
- WA-22NCvC-681-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-681-09/2019 (Mahkamah Tinggi)
Plaintiff failed to adduce compelling admissible evidence to prove that D1 or D2 intended or voluntarily committed trespass to the plaintiff’s land or that either defendant caused the encroachment; MIDAS, D1’s tenant, was in factual possession and no evidence showed D1 authorised or permitted trespass; there was no admissible evidence attributing the retaining wall to D2 and the municipal report relied upon was inadmissible for lack of maker evidence; D2’s counterclaim lacked persuasive technical evidence; consequently the plaintiff's claim and D2's counterclaim were dismissed.