21 Nov 2023
22-766-2007 (Mahkamah Tinggi)
- Citation
- 22-766-2007 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22-766-2007 (Mahkamah Tinggi)
The court held the application (Enclosure 6R) had no merit because the core issues in Annexure A were already resolved by existing judgments: the 2nd Defendant’s liability for trespass arises from the date of notification (28.4.2004), the degree and extent of encroachment are matters to be determined at assessment of damages with expert evidence (including the detailed survey plan), and the stay of execution did not suspend the substantive squatter judgment; accordingly the interlocutory application was dismissed and the case was fixed for assessment of damages.