1. ) NOFAL FIRHAT BIN ABDULLAH 2. ) MAD ISA BIN MOHAMED 3. ) MOHD NASRI BIN MOHAMED v 1. ) KUMPULAN SEMESTA SDN BHD 2. ) MAYFAIR TECHNOLOGIES SDN BHD
Catchwords
LAND LAW: Whether the alleged trespassed lands belong to the Plaintiffs or vested in the State Authority – Ownership of river and river reserve area – The absence of entry of a memorial on the title does not deny substantive right of the state authority over the land – Section 46, 49, 353, 382A of the National Land Code 1965 – Section 104 of the National Land Code (Amendment) Act No A587 of 1984 – Section 3 of the Waters Act 1920 – Section 2 of the Selangor Water Management Authority Enactment 1999 TORT: Trespass to land – Plaintiffs allege that the Defendants’ activity of river sand mining and extraction trespass the Plaintiffs’ lands – Whether there was trespass on Plaintiffs’ lands – Whether the Plaintiffs have rightful/exclusive possession over the alleged trespassed lands – Whether the Plaintiffs have locus standi to initiate this action – No actionable trespass proven – No damages proven TORT: Negligence – Allegation that sand mining activities was negligently being carried out and caused damage to the Plaintiffs’ lands – Whether the Defendants’ owed duty of care to the Plaintiffs – Whether there is a breach of duty of care – Whether the Defendant failed to comply with river sand mining regulations and permit conditions – No sufficient evidence of non-compliance – No breach of duty of care proven CIVIL LAW: Indemnity claim – Relationship between permit holder and contractor – Whether a principal-agent relationship – Principal is not responsible for any tort committed by an independent contractor – Counterclaim – Not properly pleaded or proved
Practice Areas
Judges (1)
Case Significance
1. ) NOFAL FIRHAT BIN ABDULLAH 2. ) MAD ISA BIN MOHAMED 3. ) MOHD NASRI BIN M... is a High Court (Mahkamah Tinggi) decision dated September 3, 2025 (citation: ba-23ncvc-27-06-2023). The case was decided by Elaine Yap Chin Gaik.
What was the outcome of 1. ) NOFAL FIRHAT BIN ABDULLAH 2. ) MAD ISA BIN MOHAMED 3. ) MOHD NASRI BIN M...?
1. ) NOFAL FIRHAT BIN ABDULLAH 2. ) MAD ISA BIN MOHAMED 3. ) MOHD NASRI BIN M... is a High Court decision dated September 3, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.