15 Feb 2023
NUZLAIDI BIN MOKHTAR DATUK BANDAR KUALA LUMPUR
- Citation
- WA-22NCvC-455-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-455-08/2022 (Mahkamah Tinggi)
On the undisputed documentary record the plaintiff is the registered owner and the drain, although acknowledged by defendant, was not shown to have been authorized or subject to reasonable written notice or lawful compulsory acquisition; absence of notice and lack of legal record of acquisition renders the works a continuing trespass and the defendant has no meritorious defence; summary judgment under Order 14 is appropriate and remedies in the form of declarations, purchase of the land at market value, assessment of damages, interest and costs are granted.