JCW

Chooi Peng was the counsel for the respondents/plaintiff in respect of a dispute between 2 landowners concerning the issue of encroachment and equitable right of way. The High Court allowed the respondents’ / plaintiffs’ claim for equitable right of way and encroachment and granted damages. On appeal, the Court of Appeal partially reversed the decision of the High Court and held that such claim for an equitable right of way was in the nature of an easement and not for a right of way under Section 390 of the National Land Code.