<figure id="attachment_2715231" aria-describedby="caption-attachment-2715231" style="width: 1600px" class="wp-caption aligncenter"><img loading="lazy" class="wp-image-2715231 size-full" src="https://media.freemalaysiatoday.com/wp-content/uploads/2024/03/4233a51a-mahkamah-rayuan-fmt-210324-1.webp" alt="Court of Appeal Mahkamah rayuan" width="1600" height="1000" /><figcaption id="caption-attachment-2715231" class="wp-caption-text">The Court of Appeal found that the Langkawi Municipal Council failed in its duty of care to maintain the trees at Pantai Cenang, and remitted the case for an assessment of damages.</figcaption></figure>
PUTRAJAYA: A man won his appeal in the Court of Appeal today against the Langkawi Municipal Council over claims of negligence in maintaining coconut trees after one fell on him at Pantai Cenang, leaving him paralysed from the waist down.
Yong Shui Tian, who was on holiday with his family on Jan 9, 2019, suffered serious injuries when the coconut tree unexpectedly fell. Two other people were also struck, and one later died.
Yong filed the lawsuit in 2020, but the High Court dismissed it in 2023.
A three-member panel led by Chief Judge of Malaya Hashim Hamzah, with Justices Faiza Jamaludin and Meor Hashimi Abdul Hamid, ruled that Yong had proven his claim on a balance of probabilities.
Delivering the judgment, Faiza said the lower court had erred in dismissing Yong’s claim.
She said two council witnesses admitted that they had not maintained the coconut trees at Pantai Cenang, which was under the council’s jurisdiction.
Faiza also said the court rejected the High Court&#8217;s assertion that &#8220;strong winds&#8221; caused the tree to fall as meteorological department records showed no rainfall that night.
She said the Local Government Act requires a local council to take on responsibilities in planting, trimming or removing trees as deemed appropriate.
&#8220;If a tree from private premises falls onto a public road or street, the local council is empowered to remove the fallen tree and recover the expenses incurred from the owner or tenant,&#8221; she said.
As such, Faiza said the Langkawi Municipal Council had breached its statutory duties and owed a duty of care to Yong.
Yong was awarded RM30,000 in costs.
The appeals court then remitted the case to the High Court and ordered that an assessment of damages be conducted.

MatchPoint Times

Man wins negligence suit against Langkawi local council over fallen coconut tree

Yong Shui Tian sustained serious injuries, resulting in paralysis in the lower half of his body, when a coconut tree unexpectedly fell on him at Pantai Cenang.

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