27 Mar 2024
TUNJIAH BINTI HASSAN 1. ) Pengarah Kesihatan Negeri, Jabatan Kesihatan Negeri Selangor 2. ) Ketua Pengarah Kesihatan, Kementerian Kesihatan Malaysia 3. ) Kerajaan Malaysia
- Citation
- BA-21NCvC-92-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-21NCvC-92-12/2022 (Mahkamah Tinggi)
Court found on balance of probabilities that defendants trespassed by building and operating the clinic on the plaintiff's land but, because statutory land acquisition proceedings were underway and public interest in uninterrupted health services was paramount, injunctive relief to remove the clinic and restore the land was refused; damages were awarded as annual market rent at RM41,500 for the period 2010–2022 (13 years) totaling RM539,500, with interest at 5% per annum from judgment until full settlement; other claims including future agricultural loss, exemplary damages, pre-judgment inter…