Shi Ka Yee v Nasrat Lucas Muzayyin: Tree Pruning Dispute and Tort Claims

In Shi Ka Yee v Nasrat Lucas Muzayyin and Priscillia Goh, the High Court of Singapore heard an application for leave to appeal a magistrate's decision regarding claims of nuisance, trespass, and assault arising from a dispute over the pruning of overhanging branches from Shi Ka Yee's rain tree onto the Muzayyins' property. The magistrate found Shi liable on all grounds, awarding damages for the nuisance, trespass, and assault. Justice Choo Han Teck refused Shi leave to appeal the magistrate's decision.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Leave to appeal refused.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

A dispute over tree pruning leads to tort claims of nuisance, trespass, and assault. The court refuses leave to appeal the magistrate's decision.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Shi Ka YeeApplicantIndividualLeave to appeal refusedLost
Nasrat Lucas MuzayyinRespondentIndividualSuccessful defense against appealWon
Priscillia Goh Puay ShanRespondentIndividualSuccessful defense against appealWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Francis Xavier SCRajah & Tann Singapore LLP
Melissa KorOptimus Chambers LLC
Jeremy GanRajah & Tann Singapore LLP
Vinna YipRajah & Tann Singapore LLP
Christopher de SouzaLee & Lee
Amanda LimLee & Lee

4. Facts

  1. Shi lived next door to the Muzayyins.
  2. Branches from Shi’s rain tree overhung into the Muzayyins’ land.
  3. The Muzayyins asked for permission to prune the branches.
  4. Shi refused consent for the pruning.
  5. The Muzayyins had an arborist trim the overhanging branches.
  6. Shi entered the Muzayyins' property and removed the key from the arborist's cherry-picker.
  7. Shi revved her car and edged towards Nasrat when he stood in front of her car.

5. Formal Citations

  1. Shi Ka Yee v Nasrat Lucas Muzayyin and another, Originating Summons No 682 of 2016, [2016] SGHC 138

6. Timeline

DateEvent
Shi Ka Yee moved into 12 Astrid Hills.
The Muzayyins asked the National Parks for permission to prune overhanging branches.
The Muzayyins had an arborist trim the overhanging branches.
Shi's arborist reported that the branches may be in danger of falling off.
Judgment reserved.

7. Legal Issues

  1. Nuisance
    • Outcome: The court found that the overhanging branches constituted a nuisance.
    • Category: Substantive
  2. Trespass
    • Outcome: The court found that Shi trespassed on the Muzayyins' property.
    • Category: Substantive
  3. Assault
    • Outcome: The court found that Shi committed assault by causing Nasrat to fear injury.
    • Category: Substantive
  4. Leave to Appeal
    • Outcome: The court refused Shi leave to appeal.
    • Category: Procedural

8. Remedies Sought

  1. Aggravated damages

9. Cause of Actions

  • Nuisance
  • Trespass
  • Assault

10. Practice Areas

  • Civil Litigation
  • Appeals

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lemmon v WebbN/AYes(1895) AC 1N/ACited for the common law principle allowing a neighbor to cut branches that protrude over his land.
Mills v BrookerN/AYes(1919) 1 KB 555N/ACited for the common law principle allowing a neighbor to cut branches that protrude over his land.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322) Section 21(1)Singapore
Parks and Trees Act (Cap 216, 2006 ed) s 14(1)Singapore
Parks and Trees Act (Cap 216, 2006 ed) s 14(6)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Overhanging branches
  • Tree pruning
  • Cherry-picker
  • Trespass
  • Assault
  • Nuisance
  • Leave to appeal

15.2 Keywords

  • Tort
  • Nuisance
  • Trespass
  • Assault
  • Tree
  • Pruning
  • Neighbour dispute
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Torts90
Nuisance80
Trespass75
Assault70
Neighbouring Properties65
Property Law60
Civil Procedure50
Appellate Practice40
Administrative Law10

16. Subjects

  • Tort Law
  • Civil Procedure
  • Property Law