30 Jun 2025
ONE NOTCH EVENTS SDN BHD KENANGA WHOLESALE CITY SDN BHD
- Citation
- WA-B53-19-06/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-B53-19-06/2022 (Mahkamah Sesyen)
On the balance of probabilities the ramp/structure as built by the developer constituted a continuing trespass and a private nuisance because it unlawfully and materially interfered with plaintiff's possession and enjoyment of the unit; plaintiff lacked notice of the structure pre-auction and was not bound to accept it by 'as is where is' terms insofar as the developer's continuing trespass is concerned; defendant's failure to produce engineer drawings warranted adverse inference; removal orders were refused because the structure serves the ramp/parking access and engineer evidence was absent…