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Now Ill Start Our Content by Explaining The Laws Related To Liability of Contractors Towards Owner of Neighbouring Land
Now Ill Start Our Content by Explaining The Laws Related To Liability of Contractors Towards Owner of Neighbouring Land
In this case the appellant and respondent were registered owners of adjoining
landed properties in Seremban. As a result of development works carried out on the
appellant's land, the respondent took out a writ against them claiming inter alia,
damages and also prayed for an injunction. The case against the appellant was
summed up in the statement of claim as follows: "The indiscriminate excavation and
removal of earth, stone and clay from the defendants' property without ensuring
sufficient support for the adjoining properties and without taking sufficient
precautions and providing adequate support or otherwise caused the surrounding
areas to be lowered thereby causing the said premises (of the plaintiff) to sink and its
walls to move from its original position and the premises has been damaged."
The learned trial judge found the appellant liable for actionable nuisance and gave
judgment for the respondent.