MOHD AZMAN BIN YAACOB v TENAGA NASIONAL BERHAD
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Judges (3)
Counsel (7)
Case Significance
MOHD AZMAN BIN YAACOB v TENAGA NASIONAL BERHAD is a Court of Appeal (Mahkamah Rayuan) decision dated February 4, 2025 (citation: d-02ncvcw-673-04-2023). <p>A subsequent landowner claimed trespass by TNB for electricity transmission towers erected across his subdivided land in Kelantan 38 years before his purchase. The Court of Appeal dismissed the appeal, affirming that TNB had properly obtained wayleave from the original proprietor under the Electricity Act 1949. Costs of RM15,000 were awarded to TNB.</p> The panel comprised Azimah binti Omar, Azmi bin Ariffin and S. Nantha Balan a/l E.s. Moorthy, with Azimah binti Omar delivering the judgment. Counsel appearing: Ananthan Moorthi (counsel for respondent), David Mathew (counsel for respondent), David Ng Yew Kiat (counsel for respondent), Mohd Khuzaimi Bin Mohd Salleh (counsel for appellant), Wan Jawahir Binti Harun (counsel for appellant).
Key issues: Compliance of requisites and statutory procedures under section 53 of the Electricity Act 1949 (now section 11 of the Electricity Supply Act 1990) to obtain and maintain wayleave..
Summary
A subsequent landowner claimed trespass by TNB for electricity transmission towers erected across his subdivided land in Kelantan 38 years before his purchase. The Court of Appeal dismissed the appeal, affirming that TNB had properly obtained wayleave from the original proprietor under the Electricity Act 1949. Costs of RM15,000 were awarded to TNB.
What was the outcome of MOHD AZMAN BIN YAACOB v TENAGA NASIONAL BERHAD?
<p>A subsequent landowner claimed trespass by TNB for electricity transmission towers erected across his subdivided land in Kelantan 38 years before h...