Malaysia Case Law: Decisions & Judgments

Topic

Continuing trespass

Legal area

Court

27 Aug 2025

1. ) Hee Kee Liong 2. ) Hee Chun Keet PJS TYRE AUTO SERVICE SDN BHD

Citation

BA-24NCvC-354-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-354-02/2025 (Mahkamah Tinggi)

Application to add Lee Mee Ha dismissed because the asserted liability against her arose from a separate contractual dispute (misrepresentation/breach of the SPA) not germane to an originating summons seeking relief for continuing trespass by the current proprietor; therefore Lee Mee Ha was not a proper or necessary party and joinder was inappropriate.
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)

The structure built by Defendant constituted an unlawful continuing trespass and private nuisance because it materially and unreasonably interfered with Plaintiff’s possession and enjoyment of the unit; 'as is where is' auction terms and prior owner's conduct did not bar tort claims by the new registered owner; Defendant's failure to produce engineer drawings justified an adverse inference; removal injunction was refused because the structure forms part of ramp/access and feasibility/safety issues were not proved without engineer evidence; appropriate relief was damages (lump sum) and exempla…
7 Jan 2025

FENG JIN TEXTILE SDN.BHD SEGAR A/L R.RETNAM

Citation

AB-12BNCvC-3-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AB-12BNCvC-3-02/2024 (Mahkamah Tinggi)

On the balance of probabilities the High Court found D1 contracted CSCEW and, with knowledge or acquiescence, D2 (through his son/operator) and D1 jointly caused wrongful entry and disposal of cotton waste on plaintiff’s land constituting continuing trespass; appellate court upheld liability, maintained RM20,000 general damages, awarded exemplary damages RM30,000 to punish D1 for wanton disregard, and imposed RM500 per diem from 19.2.2022 to 19.2.2024 and continuing daily after seven days from the order until residue removal; D1's appeal dismissed and plaintiff's appeal on quantum allowed in…
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 affirmed the magistrate's finding that the appellant's substation was erected without compliance with Electricity Supply Act and therefore constituted a continuing trespass against the respondents' registered land; the respondents were entitled to a declaration of trespass, nominal damages and interest, the 'as is where is' principle and limitation did not bar the claim, and the appeal was dismissed with costs RM8,000.
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.

Malaysia Case Law

1. ) Hee Kee Liong 2. ) Hee Chun Keet PJS TYRE AUTO SERVICE SDN BHD

ONE NOTCH EVENTS SDN BHD KENANGA WHOLESALE CITY SDN BHD

FENG JIN TEXTILE SDN.BHD SEGAR A/L R.RETNAM

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

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