Datuk Bandar Kuala Lumpur v R Meyyanathan a/l Retnasamy

Appellant(s): Datuk Bandar Kuala Lumpur

Respondent(s): R Meyyanathan A/L Retnasamy

• YA Dato' Collin Lawrence Sequerah
• YA Datuk Noorin binti Badaruddin
• YA Dato' Faizah Binti Jamaludin

• The respondent, a landowner, discovered through surveys in 2013 that a drain structure encroached upon his land, which he had purchased in 2004.
• The respondent initiated a suit against the local authority for trespass, seeking remedies including removal of the drain or compulsory acquisition of the encroached land, and damages.
• The local authority defended on grounds of statutory duty, justification, public interest, and statutory immunity, asserting the drain's pre-existence and necessity for flood control.

• Whether the local authority had committed trespass on the landowner's property, particularly given the dispute over the drain's existence prior to the landowner's acquisition.
• Whether the local authority could successfully invoke the defence of justification, statutory duty under the Local Government Act 1976 and Street, Drainage, and Building Act 1974, and public interest.
• Whether the local authority was entitled to statutory immunity under Section 95(2) of the Street, Drainage, and Building Act 1974 against the claim for trespass.

• The Court of Appeal allowed the appeal, finding that the High Court erred in fact and law by failing to appreciate that the drain existed prior to the respondent's ownership, thus negating the claim of trespass.
• The Court held that the local authority was protected by the defence of justification, given its statutory duties under the Local Government Act 1976 and Street, Drainage, and Building Act 1974, and the drain's necessity for public interest.
• The Court further ruled that the local authority was entitled to statutory immunity under Section 95(2) of the Street, Drainage, and Building Act 1974, and that the High Court lacked the power to order compulsory land acquisition or award unsubstantiated damages.