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Government of Malaysia & Anor v Akasah b Ahad [1986] – Nuisance belongs to a class which is bigger than trespass. Hence, to determine whether the act constitutes a nuisance or a trespass, it can be examined through whether there is existence of direct
Government of Malaysia & Anor v Akasah b Ahad ~P. operated petrol station, D. built federal highway, on higher ground than the station, road to station had to be closed ~D. offered to build road through another route, P. refused, brought action for nuisance, failed to prove
Government of Malaysia & Anor v Akasah b Ahad F: P operated a petrol station. D then built a federal highway which was on higher ground than the petrol station, and the road to that station had to be closed D offered to build a road to the petrol station through another route but P refused H: SC found that P had failed to prove nuisance
3 was clearly stated in the case of Gov of Malaysia&Anor v b Ahad,where the plaintiff operated a petrol station defendant built a federal highway which was on higher ground than the petrol station and the road to the station had to be closed defendant offered to build a road to the petrol station through another route but the plaintiff ...
Government Of Malaysia & Anor V Akasah B Ahad. Nuisance is interference to the plaintiff’s interest over his property and does not necessarily require entry by the defendant. There need to be proven special damage. STRICT LIABILITY NORCHAYA TALIB PG 369 DEFINITION
Indirect act /entry onto land belonging to another In Government of Malaysia & Anor v Akasah b Ahad, the Supreme Court held that Nuisance is a bigger class than trespass. Whether the act is a nuisance of trespass depends on whether there is a direct act or not.
Local authority – can sue by way of S of the Local Government Act 1976 Tort law Crime and tort law S290 of PC. 3. Discuss the difference between nuisance and trespass to land. Trespass to Land Nuisance-Direct-Actionable-No proof of special damages-Indirect-Not Actionable-Proof of special damages Government of Malaysia & Anor v Akasah b Ahad
