JUDGMENT

Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal which affirmed the decision of the High Court, in dismissing the appellant's claim for continuing trespass.

Background Facts

[2] The dispute in this appeal concerns a parcel of land described as HS(D) No 10045, PT No 3980, Mukim Gemas, District of Tampin, Negeri Sembilan measuring 144.272 hectares ("the land"), on which the respondent had built transmission lines.

[3] The land which was originally State land was first alienated to Metro Angkasa Sdn Bhd ("Metro Angkasa") in 1990. Due to Metro Angkasa's failure to pay the premium, the alienation was cancelled in 1992.

[4] Prior to 1990, the supply of electricity and matters connected to it were carried out by a department known as Lembaga Letrik Negara ("LLN"). On 12 July 1990, the respondent was incorporated as a public company limited by shares. Pursuant to the Electricity Supply (Successor Company) Act 1990 which came into effect on 1 September 1990, all properties, rights and liabilities of LLN were vested in the respondent.