Amsiah Rahim v Borneo Samudera Sdn Bhd

This appeal concerns the assessment of damages for trespass on a parcel of land held under Native Title No. 113039115. The appellant, Amsiah Rahim, claimed damages for being deprived of the use of her land from 1997 to 2014. The High Court initially awarded only nominal damages of RM1,000.00. The Court of Appeal remitted the case for a trial to assess damages, but the High Court declined to award any damages, citing the doctrine of election. The Court of Appeal allowed the appeal, awarding general damages of RM266,990.00 and interest at 5% per annum from the date of notice to quit until realization.