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IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN SHAH ALAM, SELANGOR DARUL EHSAN


CIVIL SUIT NO. 1122 OF 2018

BETWEEN

LAI CHEE KANG (NRIC: 860709-10-5591)


LUCY (NRIC: 880424-10-5124) ...Plaintiffs

AND

DESMOND …Defendant
(NRIC: 781024-10-5684 )

STATEMENT OF CLAIM

1. The 1st Plaintiff is the owner and occupier of a house at No. 88, Jalan
Platinum 25, Seksyen 32, 40450 Shah Alam, Selangor. He is married to the
2nd Plaintiff. Both of them lives in the same house.

2. The 2nd Plaintiff is also the owner and occupier of a house at No. 88, Jalan
Platinum 25, Seksyen 32, 40450 Shah Alam, Selangor. She is married to the
1st Plaintiff. Both of them lives in the same house.

3. The Defendant lives in a house located at No. 90, Jalan Platinum 25, Seksyen
32, 40450 Shah Alam, Selangor. The Defendant’s house is a neighbouring
house to the Plaintiff’s house.

4. The nuisance occurs continuously when the Defendant parked his vehicle in
front or near the front gate of the Plaintiffs’ house.
PARTICULARS OF THE NUISANCE

a) The Defendant always park his vehicle in front or near the front gate of
the Plaintiffs’ house.
b) Because of the Defendant’s vehicle, the Plaintiffs had to reverse their
vehicle slowly to avoid colliding into the Defendant’s vehicle
c) The plaintiffs had to move forward a few times to negotiate out of their
house.
d) If the Plaintiffs want to enter their house, their line of sight of incoming
vehicles is obstructed by the Defendant’s parked vehicle.
e) This had caused obstruction and inconvenience for the Plaintiffs to exit
and enter their vehicles into their house.
f) The nuisance had caused physical and mental distress to the Plaintiffs.

5. The Plaintiffs suffers nuisance because the Plaintiffs are the valid owner and
occupier of the property.

6. The action of the Defendant causes an interference towards the Plaintiffs’


enjoyment and use of their property.

7. Moreover, the interference was substantial and unreasonable because it


causes great inconvenience to the Plaintiffs to exit and enter their vehicles
into house and it happened continuously.

8. On 21st February 2018, the Plaintiffs instructed Messrs Che Ba Wang & Co. to
deliver Notice of Demand to the Defendant to stop the nuisance.

9. Despite the demand, the Defendant still failed, refused and neglected to abide
by the demand from the Plaintiffs.

10. By reason of these matters, the Plaintiffs has suffered nuisance.


AND THE PLAINTIFFS CLAIM:

11. A permanent injunction to restrain the Defendant by himself, his servants or


agents from continuing to park any vehicle in front or near the Plaintiffs’ house
at No. 88, Jalan Platinum 25, Seksyen 32, 40450 Shah Alam, Selangor.

12. Damages arising out of the said nuisance against the Defendant with interest
as the Court think fits under Section 11 of the Civil Law Act and Order 42 rule
12 of the Rules of High Court 2012.

13. Costs.

Dated 24th June 2018

……….…............................
Mr. Aliff
Messrs Che Ba Wang & Co.
Solicitors for the Plaintiffs

This STATEMENT OF CLAIM is filed by Messrs Che Ba Wang & Co. of AL702,
Academic Building 2, Faculty of Law, Universiti Teknologi MARA (UiTM), 40450
Shah Alam, Selangor Darul Ehsan, Solicitors for the Plaintiffs.