JUDGMENT

Faizah Jamaludin JCA:

A. Introduction

[1] This appeal arises from the decision of the High Court delivered on 11 December 2023, which dismissed the appellant's claim against the respondent with costs of RM10,000.00.

[2] The appellant suffered serious injuries, resulting in paralysis of the lower half of his body, when a coconut tree unexpectedly fell on him whilst he was on Pantai Chenang beach, Langkawi, on 9 January 2019. This incident forms the basis of his claim against the respondent.

[3] The respondent is the local authority for Langkawi, established under the Local Government Act 1976 ("LGA 1976").

• The Appellant's Claim

[4] The appellant's claim against the respondent is based on allegations of negligence and breach of statutory duty under the LGA 1976. He contends that the respondent, as the local authority, owed a duty under s 101 of the LGA 1976 to control, supervise, and maintain the coconut trees on Pantai Chenang beach, but failed in this responsibility. In his action before the High Court, the appellant sought, among other reliefs, special damages amounting to RM4,594,577.42, general damages, aggravated and/or exemplary damages (to be assessed by the High Court), together with interest and costs.