KUCHING: Sarawak Electricity Supply Corporation (Sesco) yesterday successfully obtained leave to appeal in the Federal Court on the decision of a woman who sued them for allegedly encroaching on her land where a substation was erected.
The Court of Appeal had ordered Sesco to pay compensation as well as to remove the substation.
Chief Justice Tun Ariffin Zakaria, who led the five-member panel, allowed Sesco’s application after hearing submissions from the plaintiff and respondent Loh Fung Ting.
The other judges were Tan Sri Richard Malanjum, Tan Sri Abdul Hamid Embong, Datuk Suriyadi Halim Omar and Datuk Hasan Lah.
Loh had sued Sesco for allegedly encroaching on her house compound where a substation was erected and sought a court order for it to be removed.
On June 16, 2008, the High Court dismissed her suit with costs and ordered part of the land occupied by the substation to be cut out and given to Sesco.
Dissatisfied, Loh filed an appeal with the Appeals Court and last April 18 the court allowed her appeal and ordered Sesco to pay mesne profits and to remove the substation.
Sesco’s counter claim was dismissed with RM10,000 costs.
The statement of claim stated that Loh had bought the house located at No. 131-A Jalan Green in 1972 through the services of a lawyer and the land notice stated there was nothing on it except for the house.
Loh only moved into the house a few years later and in 1997 discovered there was a Sesco substation there.
She later wrote letters to Sesco demanding they remove the substation but failed.
The matter was later brought to court for legal action and the lawsuit against the defendant was filed through RJ Noel Advocates and Solicitors on Dec 11, 2002.