IN THE MOOT COURT OF UiTM

CRIMINAL APPEAL

BETWEEN

ALAN PUM (MARY PUM [mother] on his behalf) APPELLANT

AND

DAVID ALAGAPPA RESPONDENT

FACTS:

David Alagappa and Mary Pum are neighbours. Their houses are separated by a
row of wooden picket fence, secured by concrete at its base. In David Alagappa’s garden,
there are flowerbeds adjacent to the fence while Mary Pum grows vegetables on her side
of the fence. In an attempt to eradicate weed in his flowerbed, David Alagappa purchased
a powerful weedkiller called “Kasi Habis”. Warning on the canister stated that “Kasi
Habis” is poisonous to humans and it also advised clearly for users to wash their hands
thoroughly with soap and water after using the product.

David sprayed “Kasi Habis” liberally on his flowerbed. However, later that day,
rain washed some of the weedkiller over to the other side of the fence and onto Mary’s
vegetable patch. A crop of lettuce growing there showed no visible signs of being
affected in any way. Some of the lettuce was eaten by Mary Pum’s family that evening.
The next day, Mary’s six year old son, Poh Jin, began to complain of stomach pains and
was seriously ill. Poh Jin was later admitted to the hospital. The medical evidence
conclusively traced the cause of illness to the contents of the weedkiller.

An action was brought on Poh Jin’s behalf by Mary Pum against David Alagappa
based on the rules on Rylands v Fletcher. A statement of claim was also issued and
served on Muntalilla Sdn Bhd, the manufacturer of the weedkiller. The action against
Muntalilla was however struck out at the court of first instance and there has been no
appeal on this point.
 At first instance, Johan J., held that the claim had failed on the grounds that the
use of weed killers was a natural use of land and that the rule in Rylands v Fletcher,
could not be used to obtain damages. An appeal to the Court of Appeal was dismissed.
Mary Pum was however, granted leave to appeal to the Moot Court of UiTM on the
following grounds:

I The use of the weedkiller was non natural use of David Alagappa’s land;
and
II The rules in Rylands v Fletcher can be used to obtain damages for
personal injury.