THE UPDATE SCOOP (#10/2025)
Local Authority to Maintain Roadside Trees Planted on Federal Reserve Land | Tort
By TAY & HELEN WONG – 30 September, 2025
In issue Q3 of 2023 of THE UPDATE, we featured the case where the JKR and vicariously, the Government of Malaysia were held to be liable for injuries caused to the Plaintiff who was a road user, due to uprooted falling tree at the roadside when he stopped at a traffic light along the road which was a federal road within the jurisdiction of the Seremban Municipal Council. In Pengarah/Jurutera Daerah Jabatan Kerja Raya Seremeban & Anor v Iqnal Izzuddeen Bin Mohd Rosthy [2025], the Court of Appeal disagreed with the findings of the High Court.
It was ruled that under s.101(b) of the Local Government Act 1976, the duty to maintain trees within the local authority’s jurisdiction fell upon the local authority, the 1st and 2nd Defendants even though the tree was planted on federal reserve land. The appellate court disagreed that JKR’s duty extended to the maintenance of roadside trees. In conclusion, the local authority bears statutory responsibility for the maintenance of roadside trees under their jurisdiction even if those trees are on federal reserve land.
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Tags: [negligence] [duty to maintain roadside trees] [s.101(b) Local Government Act 1976]