Tawau residents file RM100 million ‘body in tank’ suit

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TAWAU: The 337 residents of Taman Sri Titingan Flat here yesterday filed a RM100 million lawsuit against the Tawau Municipal Council (TMC) for allowing a rotting body to pollute a reserve water tank of their housing estate.

They named the TMC president as first defendant and the Sabah Valuer and Property Consultants Sabah which manages and maintains the basic amenities and security of the housing as the second defendant.

The suit was filed at the High Court registry here at 2.40pm through lawyer Chong KianMing of Tan Chong & Associates.

In their statement of claim, they said they had lodged numerous reports to the defendant since April 20, 2012 about the foul-smelling water coming from their water taps.

They said it was only on May 12, 2012 that a worker of the defendant discovered a decomposed body in one of the reserve water tanks.

The plaintiffs claimed that the presence of the body in the tank was due to the negligence of the second defendant who was an agent of the first defendant.

Apart from claiming RM100 million, the plaintiffs are also seeking damages, negligence and interest on damages which the court deems fit.

The plaintiffs claimed that the discovery of the dead body of a man in the water tank was due to the negligence of both defendants.

According to the plaintiffs, the defendants committed six forms of negligence, including leaving the reserve tank unguarded hence allowing free access by anyone to the premises, and failing to prevent the deceased from entering the premises.

They further claimed that the defendants had been negligent by failing to impose measures to prevent unauthorised entry into the premises.

The plaintiffs claimed the realisation that they had unwittingly consumed polluted water had caused them utter distress.

Besides the RM100 million, the plaintiffs were also seeking an order compelling the defendants to replace the housing estate’s external and internal water pipe system with new ones.

Chong said the suit would be delivered to the defendants within 14 days.