The Court of Appeal today ruled in favor of Yong Shui Tian in his lawsuit against the Langkawi Municipal Council over negligence in maintaining coconut trees, after one fell on him at Pantai Cenang on Jan 9, 2019, leaving him paralyzed from the waist down. Two other people were also struck, with one later dying.
Yong had filed the suit in 2020, but it was dismissed by the High Court in 2023. A three-member panel led by Chief Judge of Malaya Hashim Hamzah, alongside Justices Faiza Jamaludin and Meor Hashimi Abdul Hamid, found that Yong had proven his claim on a balance of probabilities.
Justice Faiza stated that the High Court erred in dismissing the case. She noted that council witnesses admitted to failing to maintain the coconut trees, which fell under the council’s jurisdiction. Records from the Meteorological Department also contradicted the High Court’s claim that strong winds caused the tree to fall.
Under the Local Government Act, councils are responsible for planting, trimming, or removing trees as appropriate, and must remove fallen trees from public roads while recovering expenses from the property owner. The court concluded that the council had breached its statutory duties and owed a duty of care to Yong.
Yong was awarded RM30,000 in legal costs, and the case has been remitted to the High Court for an assessment of damages.
