DATUK BANDAR KUALA LUMPUR v R MEYYANATHAN A/L RETNASAMY

w-01ncvcw-595-11-2023 Court of Appeal (Mahkamah Rayuan) 28 July 2025 • W-01(NCvC)(W)-595-11/2023 • 2 min read

Catchwords

Trespass- structure which formed part of a drain built was on the Land and encroached onto the Land owned by the respondent- defence of justification and pleaded statutory immunity for the existence of the Drain- existence of the Drain is crucial to avoid any flash flood and/or erosion within the vicinity of the Land and is in the public interest- monsoon drain was already built prior to the Respondents purchase of the said land- statutory duty to maintain storm water drains, culverts, gutters and watercourses within the Federal Territory of Kuala Lumpur- defence of justification in answer to an allegation of trespass

Practice Areas

Judges (3)

Collin Lawrence Sequerah Delivered Faizah binti Jamaludin Coram Noorin binti Badaruddin Coram

Parties (2)

Datuk Bandar Kuala Lumpur Appellant R Meyyanathan a/l Retnasamy Respondent

Judgment

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Read on eJudgment

Source: eJudgment (w-01ncvcw-595-11-2023)