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
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.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-23ncvc-27-06-2023)