23 Nov 2023
JACOB BIN SAHRI 1. ) MOHD AMIR BIN ABDULLAH 2. ) MOHD ASHRAF BIN MOHD HARIS
- Citation
- BL-12ANCvC-11-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12ANCvC-11-07/2023 (Mahkamah Tinggi)
The appeal was dismissed because the appellant failed to demonstrate a cause of action in trespass: the impugned fences were within the respondents' plots as per the agreed subdivision plan and the appellant had not sought the statutory remedy under s.390 National Land Code for a right of way; therefore the Sessions Court correctly struck out the writ under Order 18 Rule 19 and its decision was affirmed.