“Whether a local authority can be held liable for injuries caused by a falling tree on public or quasi-public land, under the Local Government Act 1976.”
CASE:
BRIEF FACTS:
- On 9 January 2019, Mr. Yong Shui Tian, suffered serious injuries resulting in paralysis of his lower body when a coconut tree fell on him at Pantai Cenang beach, Langkawi.
- Yong sued the Langkawi Municipal Council (MPKB-BRI) alleging negligence and breach of statutory duty under Section 101 of the Local Government Act 1976, claiming that the council failed to supervise and maintain the trees.
- He sought special damages of RM4,594,577.42, general damages, aggravated/exemplary damages, interest, and costs.
- The Langkawi Municipal Council contended that the coconut tree fell on private land outside its jurisdiction and denied any negligence or breach of statutory duty.
- The NRD and the Majlis Agama Islam Selangor appealed.
DECISION OF THE COURT OF APPEAL (CURRENT COURT)
The Court of Appeal allowed both appeals, set aside the High Court’s decision, and held as follows:-
- Illegitimacy does not render s 2(1)(b) ARIE 2003 inapplicable.
* In cases of illegitimacy, the term “parent” in section 2(1)(b) cannot only refer to the father, but may still refer to the mother. - On the facts, the respondents’ mother was Muslim at the time of their birth.
* Accordingly, the sisters were Muslims by operation of law under section 2(1)(b) ARIE 2003. - As persons legally identified as Muslims, the sisters fell within Item 1, List II, Ninth Schedule of the Federal Constitution, and Selangor Islamic enactments applied to them.
- The sisters’ claim that they were Hindu in belief and practice did not alter their legal identity as Muslims.
- Ancillary arguments were rejected:
* Birth certificates stating the sisters were Hindu was relevant but not conclusive.
* The parents’ Hindu customary marriage, which was not registered under Islamic law, was irrelevant.
* Actual religious belief or practice was legally irrelevant once Muslim identity was established by law.
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