PENGURUS KAWASAN, SELIA SELENGGARA SELATAN SDN BHD & ANOR v. IQMAL IZZUDDEEN MOHD ROSTHY & ORS AND ANOTHER CASE
HIGH COURT MALAYA, SEREMBAN
AZIZUL AZMI ADNAN J
[APPEAL NOS: NA-12B-9-04-2022 & NA-12B-10-04-2022]
25 MAY 2023
[2023] CLJ JT (12)

Abstract – Section 101 of the Local Government Act 1976 imposes upon local authorities a statutory duty to remove any tree that is likely to cause danger to public safety. Section 101, by its plain words, does not appear to have any exceptions; it applies to 'any road' and 'any public road or street'. Despite this, there must be logical limits placed on the meaning of 'road' in this context. Therefore, the expression 'road' and 'street' must mean those roads and streets coming within the jurisdictional limits of the local authority in question. In this case, the existence of such a duty for Jabatan Kerja Raya, for the maintenance of Federal roads which includes the duty to maintain wayside trees so that they do not pose danger to road users, precludes the possibility that there could exist overlapping duties placed upon local authorities to maintain those same Federal roads.

TORT: Negligence – Liability – Tree uprooted and fell on motorcyclist stopping at traffic light – Failure to maintain trees adjacent to road – Whether responsibility for maintenance of wayside trees on Federal roads lie with city council, Jabatan Kerja Raya or concessionaire

TORT: Duty of care – Breach of duty – Tree uprooted and fell on motorcyclist stopping at traffic light – Failure to maintain trees adjacent to road – Whether responsibility for maintenance of wayside trees on Federal roads lie with city council, Jabatan Kerja Raya or concessionaire – Whether there was breach of duty

DAMAGES: Negligence – Claim for – Tree uprooted and fell on motorcyclist stopping at traffic light – Motorcyclist claimed for damages against city council, Jabatan Kerja Raya, Government of Malaysia and concessionaire – Sessions Court allowed claim and awarded damages to motorcyclist – Whether damages awarded excessive