Court of Appeal Holds Langkawi Municipal Council Fully Liable for Coconut Tree Collapse at Pantai Chenang

PUTRAJAYA, 8 December 2025 —The Court of Appeal has overturned the High Court’s decision and held the Majlis Perbandaran Langkawi Bandaraya Pelancongan fully liable for a coconut tree collapse at Pantai Chenang that left one man paralysed and caused another fatality.

The incident occurred on 9 January 2019, when a coconut tree suddenly fell at Pantai Chenang, striking three members of the public. One victim died, while the Plaintiff/Appellant suffered catastrophic spinal injuries resulting in permanent paralysis. The Plaintiff/Appellant commenced action against the local authority for negligence and breach of statutory duty under the Local Government Act 1976, but his claim was dismissed by the High Court in 2023 on the grounds that Pantai Chenang was allegedly outside the council’s jurisdiction and that the incident was caused by an “Act of God” .

Allowing the appeal, a three-member Court of Appeal panel held that the High Court was plainly wrong in both fact and law. The appellate court found that Pantai Chenang forms part of the local authority area of Langkawi pursuant to the Kedah Government Gazette and falls within the council’s administrative jurisdiction under the Local Government Act 1976

The Court of Appeal reaffirmed that section 101 of the Act imposes a mandatory statutory duty on local authorities to supervise, maintain, trim, or remove trees that may endanger public safety, including trees located on private or state land. Evidence at trial showed that the council had not carried out any inspection or maintenance of coconut trees at Pantai Chenang, limiting its maintenance efforts only to trees along main roads. This non-performance was sufficient to establish a breach of statutory duty, and the same omissions also amounted to negligence at common law .

The Court of Appeal further rejected the council’s reliance on the “Act of God” and volenti non fit injuria defences. Meteorological records showed no rainfall and only weak wind conditions on the night of the incident, directly contradicting the High Court’s finding of strong winds.

As a result, the Court of Appeal held the council 100% liable for the Plaintiff/Appellant’s injuries, set aside the High Court’s decision, and remitted the matter back to the High Court for assessment of damages. The decision underscores that local authorities bear a non-delegable statutory responsibility to ensure public safety in recreational and tourist areas and cannot avoid liability through jurisdictional or land ownership arguments.

References:
椰树砸伤半身不遂男子成功翻案获赔 _ 中國報 China Press

真浪海滩树倒1死2伤案上诉庭推翻高庭判决交怡市议会被判负全责 – 国内 – 即时国内

遭椰树压瘫获翻案胜诉　上诉庭裁定浮罗交怡市议会须负责 _ 北马 _ 地方 _ 東方網馬來西亞東方日報

遭椰树压瘫获翻案胜诉　上诉庭裁定浮罗交怡市议会须负责 _ 诗华日报

真浪海滩树倒1死2伤案翻盘！交怡市议会被判全责需赔伤者光华日报 _ 1910年创刊创新每一天生活